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

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

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

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