Taking Judicial Notice The Acceptance of Alleged Facts As True Without Evidence

Does a Judge Always Need Proof That a Fact Is True?

The Principle of Judicial Notice Allows a Judge to Accept a Fact As True Where the Fact Is So Notoriously As True and Uncontroversial That Evidence Is Unnecessary.

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 circumstances or legal criteria required for a judge to determine that a fact may be deemed true by judicial notice rather than via some form of actual evidence was explained within, among other cases, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, wherein it was said:

As explained in Taylor, judicial notice allows a court to accept as factual those facts that are so notoriously known and uncontroversial that evidence becomes unnecessary.

Summary Comment

The taking of judicial notice involves a court accepting certain facts as true without the need of evidentiary proof and involves things so commonly known.