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

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

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

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:

As shown within the Taylor case, a court is permitted to accept a fact as true without proof, by taking judicial notice, when the fact is so well known as true that proof becomes 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.