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Taking Judicial Notice
The Acceptance of Alleged Facts As True Without Evidence
Does a Judge Always Need Evidence of a Fact?
The Requirement of Proving That a Fact Is True Becomes Unnecessary Where the Fact Is Notoriously Known and Uncontroversial. For Such Facts a Judge May Simply Take Judicial Notice of the Fact Without Need of Any Evidence.
Understanding the Principle Known As Taking Judicial Notice Without Evidence of Notoriously Known Truths
Facts that are notorious known, meaning so known that everyone with common knowledge would agree that the fact is true are facts for which a court may take judicial notice of the fact without requiring proof of the fact via some form of evidence. Examples of notorious facts include common knowledge that water is wet, the Sun is bright, and gasoline is flammable.
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The Law
The legal requirements for review before a judge takes judicial notice of a fact were well explained within the Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, case wherein it was stated:
[30] The concept of judicial notice allows a court to receive “facts” that are “so notorious or uncontroversial that evidence of their existence is unnecessary”. This does not allow parties “to put before the court controversial evidence to the prejudice of the opposing party without providing a proper opportunity for its truth to be tested”: Public School Boards’ Assn. of Alberta v. Alberta (Attorney General), 2000 SCC 2, [2000] 1 S.C.R. 44, at para. 5. The threshold for judicial notice is strict since the facts are not proved by evidence under oath nor tested by cross-examination: R. v. Find, 2001 SCC 32, [2001] S.C.R. 863, at para. 48.
Per the Taylor case shown above, a court may take judicial notice and accept a fact as true when the fact is so commonly known and uncontroversial that proof of the fact is unnecessary.
Summary Comment
Judicial notice is a common law doctrine that allows a court to accept facts as true without the need of evidentiary proof.
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