In the case of McCormick v Greater Sudbury Police Service (Ont Div Ct, 2010) the court stated the question to be posed when considering application of the principle of evidentiary notice (more commonly referred to as 'judicial notice'), as follows:
[127] Section 16 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 provides that:
A tribunal may, in making its decision in any proceeding,
(a) take notice of facts that may be judicially noticed; and
(b) take notice of any generally recognized scientific or technical facts, information or opinions within its scientific or specialized knowledge.
[128] Judicial notice of facts in issue dispenses with formal proof of those facts which are clearly uncontroversial or beyond reasonable dispute – is the fact so notorious or generally accepted as not to be the subject of debate among reasonable persons or capable of immediate and accurate demonstration by resort to readily accessible sources of indisputable accuracy?
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