Yes No Share to Facebook
Taking Judicial Notice
The Acceptance of Alleged Facts As True Without Evidence
What Does It Mean When a Judge Is Taking Judicial Notice of a Fact?
Where a Fact Is So Notoriously Known As Being True a Judge May Take Judicial Notice of the Fact Without Requiring Evidence.
Understanding the Principle Known As Taking Judicial Notice Without Evidence of Notoriously Known Truths
There are facts that are so notoriously known as true that anyone with common knowledge would agree that the fact is true. In such a circumstance, a court may accept the fact as true, by taking judicial notice of the fact, without requiring any proof of the fact. Examples of notoriously known facts include knowledge that the Earth is round, and the Sun is bright.
The Law
The principles for taking judicial notice were recently explained by the Court of Appeal within the case of Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, wherein it was said:
[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
Taking of judicial notice involves a process by which a court accepts certain facts as true without the need of proof by way of evidence. The taking of judicial notice is a fairly common procedure and involves facts that are commonly known and without any genuine controversy.
NOTE: A significant number of online searches featuring “lawyers near me” or “best lawyer in” frequently indicate an urgent need for effective legal assistance rather than a particular title. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and hold the authority to represent clients in specified litigation issues. Core to their role are advocacy, legal analysis, and a mastery of procedures. Vagans Legal provides legal representation within its licensed framework, focusing on strategic positioning, preparation of evidentiary materials, and compelling advocacy designed to secure efficient and favourable outcomes for clients.
