Taking Judicial Notice

Are Some Facts So Obvious That a Judge Can Deem a Fact As True Even Without Evidence?

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.

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

Judicial notice is a common law doctrine that allows a court to accept facts as true without the need of evidentiary proof.