What is the legal test for taking judicial notice?
Alberta, Canada
The following excerpt is from R. v. Meadowbrook Management Ltd., 2001 ABPC 245 (CanLII):
The rationale for taking judicial notice was set out in Harper v. Killion, 345 S.W. 2d 309 (Tex. Civ. App. 1961) at p. 311: “The doctrine of judicial notice is one of common sense. The theory is that, where a fact is well-known by all reasonably intelligent people in the community, or its existence is so easily determinable with certainty from unimpeachable sources, it would not be good sense to require formal proof.”
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