Typically, trial evidence must be formally proven, either by a witness’s testimony or by admissible documentary evidence. However, the most common source of dispensing with formal proof is judicial notice. This paper considers judicial notice, including tacit judicial notice, express judicial notice, and contextual judicial knowledge. It also discusses judicial notice of law and the application of judicial notice. With references to applicable case law throughout, the paper also identifies categories under which judicial notice has been found to be appropriate, and instances where judicial notice has been rejected in Canada.

This paper is part of a collection presented at LESA’s Civil Advocacy Series: Evidence program in Edmonton on May 2, 2017 and in Calgary on May 4, 2017.