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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-06-2012, 11:50 AM
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Default The concept of judicial notice... (continued)

Quote:
The concept of judicial notice facilitates the acceptance by a court of the truth of a particular fact or state of affairs, without the requirement of proof, where the fact is so well known that it is not the subject of dispute among reasonable people, or, is capable of immediate and accurate demonstration by resort to readily accessible sources of indisputable accuracy. (See Sopinka, Lederman and Bryant, 2d., the Law of Evidence in Canada (Toronto:Butterworth, 1999) at 1055.

This concept of judicial notice is also discussed and approved of by the Supreme Court of Canada, by Justice Binnie in R. v.Spence (2005)202C.C.C. (3d) at paragraphs 60 to 61

-- Honourable Madame Justice Roselyn Zisman
Z.B. v. J.T., 2012 ONCJ 152 (CanLII)
Date: 2012-03-21
Docket: 482/10
URL: CanLII - 2012 ONCJ 152 (CanLII)
Citation: Z.B. v. J.T., 2012 ONCJ 152 (CanLII)

Relying upon:

R. v. Spence, 2005 SCC 71, [2005] 3 SCR 458
Date: 2005-12-02
Docket: 30642
Parallel citations: 2005 SCC 71 (CanLII); 259 DLR (4th) 474; 202 CCC (3d) 1; 33 CR (6th) 1; 135 CRR (2d) 318; 206 OAC 150
URL: CanLII - 2005 SCC 71 (CanLII)
Citation: R. v. Spence, 2005 SCC 71 (CanLII), [2005] 3 SCR 458

A lot of the people in any movement attempt to leverage their findings, essays and articles on the internet as "judicial notice" and leverage them as a "fact". Many of these people are puzzled as to why the content and material they attach to their affidavits have no understanding *why* their "theory" as supported by others posting the same "theory" has no jurisprudence in their matter.

They attach this material to their motions and put it into court files because they simply do not understand the "concept of judicial notice" and the requirements to establish a "fact" before the court.

Good Luck!
Tayken
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Old 11-06-2012, 10:11 PM
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I have been in Madam Justice Zisman's Courtroom. Regrettably, she was not my Trial Judge.

Justice Wolder (retired now) also very astute. I would have welcomed him as well.
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