Can a court take any adjudicative notice of the fact that a plaintiff was born in a different country?
Alberta, Canada
The following excerpt is from R. v. Liew, 1998 ABCA 98 (CanLII):
A court cannot take judicial notice of adjudicative facts: see, Moge v. Moge (1992), 1992 CanLII 25 (SCC), 99 D.L.R. (4th) 456 at 496 (S.C.C.). Moreover, in my view, it is an error of law to assume from a person’s name, appearance and place of birth that he or she is from a particular culture and that the culture somehow makes the person more vulnerable to the state than a Canadian citizen would be.
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