Before the night ends.. here’s sharing more on #worldbreastfeedingweek ❤️
.. It's been over a year with Ellie now, and breastfeeding 🤱 her for as long as I can, committing myself as much as I had with her brothers too. Definitely an enriching and rewarding journey seeing how her brothers benefit from my contribution.
Many of my friends told me how impressed by my determination and I must emphasise that it definitely didn’t come without any struggles. Love to share how we managed to go thru this long nights and all around the clock schedule for the past 6 years…
1. Cuddle and skin contact as much as you can! I’m a self high mama, and I have high level of energy. After Every birth labour I would smell, touch, carry and request for long skin to skin contact moments (As much as Im exhausted from all the pushes, my adrenaline and urge to feed them is higher than being fatigue). Though having ample rest is also very important, make sure you are well-rested too! As all these senses of smell, touch and sight helps in promoting lactation production too! To make it more comfy at home, side latch and cuddle to nap together (be careful when you co-sleep so as not to endanger your baby).
2. Stay hydrated and eat! Yes, feed yourself mama or else how you can get your energy or nutrients to feed your little ones! Drinking up, especially before every feed - mine was warm red date tea, milo and even bbt helped me! All types of Soups, especially those with a lot collagens such as white fungus, pork bones and even peach gums boosted my supply. (Pls check - for peach gums may be too cooling for some)
3. Rest, nap and sleep while you can! No need to explain but you know why. It regenerates your own recovery too. I literally nap as much as my babies, and I do that together, so side latching is definitely my favourite position.
Continue to read more in image gallery! 👉🏻👉🏻👉🏻👉🏻
#sp #hpbsg #healthpromotionboard
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#singapore #familystaysg #theasianparent #tapfluencer #sgmoms #sgmums #sgbreastfeedingmummies #breastfeedingweek #breastfeedingjourney #latching #sgbaby #sgbabies #momanddaughter #mamasgirl #darlingdaughter #mybaby #breastfeedingmom #breastfeedingmama
同時也有212部Youtube影片,追蹤數超過16萬的網紅林子安 AnViolin,也在其Youtube影片中提到,■ 更多林子安: INSTAGRAM:https://www.instagram.com/an__official/ FACEBOOK:https://www.facebook.com/Anviolin/ WEIBO:http://weibo.com/u/6511795600 Spotify:htt...
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Where is Jesus Now?
“Father, I desire that they also whom you have given me be with me where I am, that they may see my glory, which you have given me, for you loved me before the foundation of the world.” (John 17:24 WEB)
The day is coming whereby Jesus’ prayer request in the verse above will be fulfilled.
We, the church (bride of the Lamb) will be received by our heavenly bridegroom into His Father’s house.
How amazing it will be to live where Jesus is, to see His glory in person.
Did you know that even the apostles who have since fallen asleep in death are not yet exactly where Jesus is?
“In my Father’s house are many homes. If it weren’t so, I would have told you. I am going to prepare a place for you. If I go and prepare a place for you, I will come again, and will receive you to myself; that where I am, you may be there also.” (John 14:2-3 WEB)
Jesus resides with Abba God in the sanctuary that is on the Mount Zion in the Heavenly Jerusalem. That is the location of God’s throne.
The Jerusalem on earth is actually a miniature mirror image of the Jerusalem above. Even the layout is the same—God made sure this was so.
None of the saints are there in the sanctuary yet. Those who are dead in Christ are in a part of Heaven called Paradise which is the garden of God.
“I know a man in Christ, fourteen years ago (whether in the body, I don’t know, or whether out of the body, I don’t know; God knows), such a one caught up into the third heaven. I know such a man (whether in the body, or outside of the body, I don’t know; God knows), how he was caught up into Paradise, and heard unspeakable words, which it is not lawful for a man to utter.” (2 Corinthians 12:2-4 WEB)
In the original Greek, the word is Paradeison which means “a pleasure garden”. In Hebrew, the name is translated as “Gan Eden”, which is literally the Garden of Eden. Eden also means “pleasure”. Both the Greek and Hebrew agree that it is the Garden of Eden.
So that is where the Garden of Eden and the tree of life went! It was translated up to Heaven, protecting the tree of life from the world-destroying flood, and is now used as a waiting area for the saints.
“He who has an ear, let him hear what the Spirit says to the assemblies. To him who overcomes I will give to eat from the tree of life, which is in the Paradise of my God.” (Revelation 2:7 WEB)
We see that this is true. The Holy Spirit testifies that the tree of life is now in the Paradise (Garden of Eden) in Heaven. The cherubim with fiery swords who guard the entrance to the garden do not stop the saints there from accessing the tree of life!
The dead in Christ are still waiting for the Rapture so that they can receive their glorified bodies and finally be where Jesus is.
If what I’m saying is not true, then Jesus would not have said to the apostles, “I will come again, and will receive you to myself; that where I am, you may be there also.”
We know that the apostles who heard these words spoken by Jesus have already fallen asleep in death.
This promise will be fulfilled at the Rapture. The Lord will come back, and in the air, He will receive us to Himself. The apostles and all the saints will receive glorified bodies, and we will finally be with Jesus!
These days, I find myself reading and re-reading the four gospels a lot because I love to read Jesus’ words and read about Him in action. Such a perfect, wonderful God-Man, and He is our Lord.
Have you read my eBook bundle “Understand the Four Gospels Through the Lens of Grace”? It is packed full of revelations that will make difficult and confusing pieces of Scripture easy to understand. Every parable, miracle, and action is explained.
These are what some of the readers have been saying:
“We highly recommend this book. Milton breaks it down for all to understand. Such a powerful book that will touch your heart like it touches ours. Hallelujah! Get ready to grow in Grace in the knowledge of King Jesus!” - Juan Espino, USA
“I use this for preparing for bible study group. Great commentary.” - Tammie S, USA
“Well worth the money. Wish I had done it sooner. Wonderful study.” - Linda B, USA
Get the eBook bundle through this link, at $5 off, for a limited time only, and receive a bonus eBook “Understand the Book of Acts Through the Lens of Grace” together with it: https://bit.ly/understandeveryparable
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這是前些日子爆出已經被加拿大法院接理對藏傳佛教噶舉派法王的訟訴。(加拿大法院鏈接在此:https://www.bccourts.ca/jdb-txt/sc/21/09/2021BCSC0939cor1.htm?fbclid=IwAR2FLZlzmUIGTBaTuKPVchEqqngcE3Qy6G_C0TWNWVKa2ksbIYkVJVMQ8f8)
這位法王的桃色事件,我是幾年前才聽到。但,藏傳佛教的高層有這些性醜聞,我已經聽了幾十年。我以前的一位前女友也被一些堪布藉故上她的家摟抱過,也有一些活佛跟她表白。(這不只是她,其他地方我也聽過不少)
這是一個藏傳佛教裡面系統式的問題。
很多時候發生這種事情,信徒和教主往往都是說女方得不到寵而報仇,或者說她們也精神病,或者說她們撒謊。
我不排除有這種可能性,但,多過一位,甚至多位出來指證的時候,我是傾向於相信『沒有那麼巧這麼多有精神病的女人要撒謊來報仇』。
大寶法王的桃色事件,最先吹哨的是一位台灣的在家信徒,第二位是香港的女出家人,現在加拿大又多一位公開舉報上法庭。
對大寶法王信徒來說,這一次的比較麻煩,因為是有孩子的。(關於有孩子的,我早在法王的桃色事件曝光時,就有聽聞)
如果法庭勒令要驗證DNA,這對法王和他的信徒來說,會很尷尬和矛盾,因為做或不做,都死。
你若問我,我覺得『人數是有力量的』,同時我也覺得之後有更多的人站出來,是不出奇的。
我也藉此呼籲各方佛教徒,如果你們真的愛佛教,先別說批判,但如鴕鳥般不討論這些爭議,你是間接害了佛教。
(下面是我從加拿大法院鏈接拷貝下來的內容,當中有很多細節。)
Table of Contents
INTRODUCTION
BACKGROUND
ANALYSIS
A. The Spousal Support Claim in this Case
B. The Test to Amend Pleadings
C. Pleadings in Family Law Cases
D. The Legal Concept of a Marriage-Like Relationship
E. Is There a Reasonable Claim of a Marriage-Like Relationship?
F. Delay / Prejudice
CONCLUSION
INTRODUCTION
[1] The claimant applies to amend her notice of family claim to seek spousal support. At issue is whether the claimant’s allegations give rise to a reasonable claim she lived with the respondent in a marriage-like relationship, so as to give rise to a potential entitlement to spousal support under the Family Law Act, S.B.C. 2011, c. 25 (“FLA”).
[2] The facts alleged by the claimant do not fit within a traditional concept of marriage. The claimant does not allege that she and the respondent ever lived together. Indeed, she has only met the respondent in person four times: twice very briefly in a public setting; a third time in private, when she alleges the respondent sexually assaulted her; and a fourth and final occasion, when she informed the respondent she was pregnant with his child.
[3] The claimant’s case is that what began as a non-consensual sexual encounter evolved into a loving and affectionate relationship. That relationship occurred almost entirely over private text messages. The parties rarely spoke on the telephone, and never saw one another during the relationship, even over video. The claimant says they could not be together because the respondent is forbidden by his station and religious beliefs from intimate relationships or marriage. Nonetheless, she alleges, they formed a marriage-like relationship that lasted from January 2018 to January 2019.
[4] The respondent denies any romantic relationship with the claimant. While he acknowledges providing emotional and financial support to the claimant, he says it was for the benefit of the child the claimant told him was his daughter.
[5] The claimant’s proposed amendment raises a novel question: can a secret relationship that began on-line and never moved into the physical world be like a marriage? In my view, that question should be answered by a trial judge after hearing all of the evidence. The alleged facts give rise to a reasonable claim the claimant lived with the respondent in a marriage-like relationship. Accordingly, I grant the claimant leave to amend her notice of family claim.
BACKGROUND
[6] It should be emphasized that this is an application to amend pleadings only. The allegations by the claimant are presumed to be true for the purposes of this application. Those allegations have not been tested in a court of law.
[7] The respondent, Ogyen Trinley Dorje, is a high lama of the Karma Kagyu School of Tibetan Buddhism. He has been recognized and enthroned as His Holiness, the 17th Gyalwang Karmapa. Without meaning any disrespect, I will refer to him as Mr. Dorje in these reasons for judgment.
[8] Mr. Dorje leads a monastic and nomadic lifestyle. His true home is Tibet, but he currently resides in India. He receives followers from around the world at the Gyuto Monetary in India. He also travels the world teaching Tibetan Buddhist Dharma and hosting pujas, ceremonies at which Buddhists express their gratitude and devotion to the Buddha.
[9] The claimant, Vikki Hui Xin Han, is a former nun of Tibetan Buddhism. Ms. Han first encountered Mr. Dorje briefly at a large puja in 2014. The experience of the puja convinced Ms. Han she wanted to become a Buddhist nun. She met briefly with Mr. Dorje, in accordance with Kagyu traditions, to obtain his approval to become a nun.
[10] In October 2016, Ms. Han began a three-year, three-month meditation retreat at a monastery in New York State. Her objective was to learn the practices and teachings of the Kagyu Lineage. Mr. Dorje was present at the retreat twice during the time Ms. Han was at the monastery.
[11] Ms. Han alleges that on October 14, 2017, Mr. Dorje sexually assaulted her in her room at the monastery. She alleges that she became pregnant from the assault.
[12] After she learned that she was pregnant, Ms. Han requested a private audience with Mr. Dorje. In November 2017, in the presence of his bodyguards, Ms. Han informed Mr. Dorje she was pregnant with his child. Mr. Dorje initially denied responsibility; however, he provided Ms. Han with his email address and a cellphone number, and, according to Ms. Han, said he would “prepare some money” for her.
[13] Ms. Han abandoned her plan to become a nun, left the retreat and returned to Canada. She never saw Mr. Dorje again.
[14] After Ms. Han returned to Canada, she and Mr. Dorje began a regular communication over an instant messaging app called Line. They also exchanged emails and occasionally spoke on the telephone.
[15] The parties appear to have expressed care and affection for one another in these communications. I say “appear to” because it is difficult to fully understand the meaning and intentions of another person from brief text messages, especially those originally written in a different language. The parties wrote in a private shorthand, sharing jokes, emojis, cartoon portraits and “hugs” or “kisses”. Ms. Han was the more expressive of the two, writing more frequently and in longer messages. Mr. Dorje generally participated in response to questions or prompting from Ms. Han, sometimes in single word messages.
[16] Ms. Han deposes that she believed Mr. Dorje was in love with her and that, by January 2018, she and Mr. Dorje were living in a “conjugal relationship”.
[17] During their communications, Ms. Han expressed concern that her child would be “illegitimate”. She appears to have asked Mr. Dorje to marry her, and he appears to have responded that he was “not ready”.
[18] Throughout 2018, Mr. Dorje transferred funds in various denominations to Ms. Han through various third parties. Ms. Han deposes that these funds were:
a) $50,000 CDN to deliver the child and for postpartum care she was to receive at a facility in Seattle;
b) $300,000 CDN for the first year of the child’s life;
c) $20,000 USD for a wedding ring, because Ms. Han wrote “Even if we cannot get married, you must buy me a wedding ring”;
d) $400,000 USD to purchase a home for the mother and child.
[19] On June 19, 2018, Ms. Han gave birth to a daughter in Richmond, B.C.
[20] On September 17, 2018, Mr. Dorje wrote, ”Taking care of her and you are my duty for life”.
[21] Ms. Han’s expectation was that the parties would live together in the future. She says they planned to live together. Those plans evolved over time. Initially they involved purchasing a property in Toronto, so that Mr. Dorje could visit when he was in New York. They also discussed purchasing property in Calgary or renting a home in Vancouver for that purpose. Ms. Han eventually purchased a condominium in Richmond using funds provided by Mr. Dorje.
[22] Ms. Han deposes that the parties made plans for Mr. Dorje to visit her and meet the child in Richmond. In October 2018, however, Mr. Dorje wrote that he needed to “disappear” to Europe. He wrote:
I will definitely find a way to meet her
And you
Remember to take care of yourself if something happens
[23] The final plan the parties discussed, according to Ms. Han, was that Mr. Dorje would sponsor Ms. Han and the child to immigrate to the United States and live at the Kagyu retreat centre in New York State.
[24] In January 2019, Ms. Han lost contact with Mr. Dorje.
[25] Ms. Han commenced this family law case on July 17, 2019, seeking child support, a declaration of parentage and a parentage test. She did not seek spousal support.
[26] Ms. Han first proposed a claim for spousal support in October 2020 after a change in her counsel. Following an exchange of correspondence concerning an application for leave to amend the notice of family claim, Ms. Han’s counsel wrote that Ms. Han would not be advancing a spousal support claim. On March 16, 2020, counsel reversed course, and advised that Ms. Han had instructed him to proceed with the application.
[27] When this application came on before me, the trial was set to commence on June 7, 2021. The parties were still in the process of discoveries and obtaining translations for hundreds of pages of documents in Chinese characters.
[28] At a trial management conference on May 6, 2021, noting the parties were not ready to proceed, Madam Justice Walkem adjourned the trial to April 11, 2022.
ANALYSIS
A. The Spousal Support Claim in this Case
[29] To claim spousal support in this case, Ms. Han must plead that she lived with Mr. Dorje in a marriage-like relationship. This is because only “spouses” are entitled to spousal support, and s. 3 of the Family Law Act defines a spouse as a person who is married or has lived with another person in a marriage-like relationship:
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
[30] Because she alleges she has a child with Mr. Dorje, Ms. Han need not allege that the relationship endured for a continuous period of two years to claim spousal support; but she must allege that she lived in a marriage-like relationship with him at some point in time. Accordingly, she must amend the notice of family claim.
B. The Test to Amend Pleadings
[31] Given that the notice of trial has been served, Ms. Han requires leave of the court to amend the notice of family claim: Supreme Court Family Rule 8-1(1)(b)(i).
[32] A person seeking to amend a notice of family claim must show that there is a reasonable cause of action. This is a low threshold. What the applicant needs to establish is that, if the facts pleaded are proven at trial, they would support a reasonable claim. The applicant’s allegations of fact are assumed to be true for the purposes of this analysis. Cantelon v. Wall, 2015 BCSC 813, at para. 7-8.
[33] The applicant’s delay, the reasons for the delay, and the prejudice to the responding party are also relevant factors. The ultimate consideration is whether it would be just and convenient to allow the amendment. Cantelon, at para. 6, citing Teal Cedar Products Ltd. v. Dale Intermediaries Ltd. et al (1986), 19 B.C.L.R. (3d) 282.
C. Pleadings in Family Law Cases
[34] Supreme Court Family Rules 3-1(1) and 4-1(1) require that a claim to spousal support be pleaded in a notice of family claim in Form F3. Section 2 of Form F3, “Spousal relationship history”, requires a spousal support claimant to check the boxes that apply to them, according to whether they are or have been married or are or have been in a marriage-like relationship. Where a claimant alleges a marriage-like relationship, Form F3 requires that they provide the date on which they began to live together with the respondent in a marriage-like relationship and, where applicable, the date on which they separated. Form F3 does not require a statement of the factual basis for the claim of spousal support.
[35] In this case, Ms. Han seeks to amend the notice of family claim to allege that she and Mr. Dorje began to live in a marriage-like relationship in or around January 2018, and separated in or around January 2019.
[36] An allegation that a person lived with a claimant in a marriage-like relationship is a conclusion of law, not an allegation of fact. Unlike the rules governing pleadings in civil actions, however, the Supreme Court Family Rules do not expressly require family law claimants to plead the material facts in support of conclusions of law.
[37] In other words, there is no express requirement in the Supreme Court Family Rules that Ms. Han plead the facts on which she relies for the allegation she and Mr. Dorje lived in a marriage-like relationship.
[38] Rule 4-6 authorizes a party to demand particulars, and then apply to the court for an order for further and better particulars, of a matter stated in a pleading. However, unless and until she is granted leave and files the proposed amended notice of family claim, Ms. Han’s allegation of a marriage-like relationship is not a matter stated in a pleading.
[39] Ms. Han filed an affidavit in support of her application to amend the notice of family claim. Normally, evidence would not be required or admissible on an application to amend a pleading. However, in the unusual circumstances of this case, the parties agreed I may look to Ms. Han’s affidavit and exhibits for the facts she pleads in support of the allegation of a marriage-like relationship.
[40] Because this is an application to amend - and Ms. Han’s allegations of fact are presumed to be true - I have not considered Mr. Dorje’s responding affidavit.
[41] Relying on affidavit evidence for an application to amend pleadings is less than ideal. It tends to merge and confuse the material facts with the evidence that would be relied on to prove those facts. In a number of places in her affidavit, for example, Ms. Han describes her feelings, impressions and understandings. A person’s hopes and intentions are not normally material facts unless they are mutual or reasonably held. The facts on which Ms. Han alleges she and Mr. Dorje formed a marriage-like relationship are more important for the present purposes than her belief they entered into a conjugal union.
[42] Somewhat unusually, in this case, almost all of the parties’ relevant communications were in writing. This makes it somewhat easier to separate the facts from the evidence; however, as stated above, it is difficult to understand the intentions and actions of a person from brief text messages.
[43] In my view, it would be a good practice for applicants who seek to amend their pleadings in family law cases to provide opposing counsel and the court with a schedule of the material facts on which they rely for the proposed amendment.
D. The Legal Concept of a Marriage-Like Relationship
[44] As Mr. Justice Myers observed in Mother 1 v. Solus Trust Company, 2019 BCSC 200, the concept of a marriage-like relationship is elastic and difficult to define. This elasticity is illustrated by the following passage from Yakiwchuk v. Oaks, 2003 SKQB 124, quoted by Myers J. at para. 133 of Mother 1:
[10] Spousal relationships are many and varied. Individuals in spousal relationships, whether they are married or not, structure their relationships differently. In some relationships there is a complete blending of finances and property - in others, spouses keep their property and finances totally separate and in still others one spouse may totally control those aspects of the relationship with the other spouse having little or no knowledge or input. For some couples, sexual relations are very important - for others, that aspect may take a back seat to companionship. Some spouses do not share the same bed. There may be a variety of reasons for this such as health or personal choice. Some people are affectionate and demonstrative. They show their feelings for their “spouse” by holding hands, touching and kissing in public. Other individuals are not demonstrative and do not engage in public displays of affection. Some “spouses” do everything together - others do nothing together. Some “spouses” vacation together and some spend their holidays apart. Some “spouses” have children - others do not. It is this variation in the way human beings structure their relationships that make the determination of when a “spousal relationship” exists difficult to determine. With married couples, the relationship is easy to establish. The marriage ceremony is a public declaration of their commitment and intent. Relationships outside marriage are much more difficult to ascertain. Rarely is there any type of “public” declaration of intent. Often people begin cohabiting with little forethought or planning. Their motivation is often nothing more than wanting to “be together”. Some individuals have chosen to enter relationships outside marriage because they did not want the legal obligations imposed by that status. Some individuals have simply given no thought as to how their relationship would operate. Often the date when the cohabitation actually began is blurred because people “ease into” situations, spending more and more time together. Agreements between people verifying when their relationship began and how it will operate often do not exist.
[45] In Mother 1, Mr. Justice Myers referred to a list of 22 factors grouped into seven categories, from Maldowich v. Penttinen, (1980), 17 R.F.L. (2d) 376 (Ont. Dist. Ct.), that have frequently been cited in this and other courts for the purpose of determining whether a relationship was marriage-like, at para. 134 of Mother 1:
1. Shelter:
(a) Did the parties live under the same roof?
(b) What were the sleeping arrangements?
(c) Did anyone else occupy or share the available accommodation?
2. Sexual and Personal Behaviour:
(a) Did the parties have sexual relations? If not, why not?
(b) Did they maintain an attitude of fidelity to each other?
(c) What were their feelings toward each other?
(d) Did they communicate on a personal level?
(e) Did they eat their meals together?
(f) What, if anything, did they do to assist each other with problems or during illness?
(g) Did they buy gifts for each other on special occasions?
3. Services:
What was the conduct and habit of the parties in relation to:
(a) preparation of meals;
(b) washing and mending clothes;
(c) shopping;
(d) household maintenance; and
(e) any other domestic services?
4. Social:
(a) Did they participate together or separately in neighbourhood and community activities?
(b) What was the relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties?
5. Societal:
What was the attitude and conduct of the community toward each of them and as a couple?
6. Support (economic):
(a) What were the financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life (food, clothing, shelter, recreation, etc.)?
(b) What were the arrangements concerning the acquisition and ownership of property?
(c) Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship?
7. Children:
What was the attitude and conduct of the parties concerning children?
[46] In Austin v. Goerz, 2007 BCCA 586, the Court of Appeal cautioned against a “checklist approach”; rather, a court should "holistically" examine all the relevant factors. Cases like Molodowich provide helpful indicators of the sorts of behaviour that society associates with a marital relationship, the Court of Appeal said; however, “the presence or absence of any particular factor cannot be determinative of whether a relationship is marriage-like” (para. 58).
[47] In Weber v. Leclerc, 2015 BCCA 492, the Court of Appeal again affirmed that there is no checklist of characteristics that will be found in all marriages and then concluded with respect to evidence of intentions:
[23] The parties’ intentions – particularly the expectation that the relationship will be of lengthy, indeterminate duration – may be of importance in determining whether a relationship is “marriage-like”. While the court will consider the evidence expressly describing the parties’ intentions during the relationship, it will also test that evidence by considering whether the objective evidence is consonant with those intentions.
[24] The question of whether a relationship is “marriage-like” will also typically depend on more than just their intentions. Objective evidence of the parties’ lifestyle and interactions will also provide direct guidance on the question of whether the relationship was “marriage-like”.
[48] Significantly for this case, the courts have looked to mutual intent in order to find a marriage-like relationship. See, for example, L.E. v. D.J., 2011 BCSC 671 and Buell v. Unger, 2011 BCSC 35; Davey Estate v. Gruyaert, 2005 CarswellBC 3456 at 13 and 35.
[49] In Mother 1, Myers J. concluded his analysis of the law with the following learned comment:
[143] Having canvassed the law relating to the nature of a marriage-like relationship, I will digress to point out the problematic nature of the concept. It may be apparent from the above that determining whether a marriage-like relationship exists sometimes seems like sand running through one's fingers. Simply put, a marriage-like relationship is akin to a marriage without the formality of a marriage. But as the cases mentioned above have noted, people treat their marriages differently and have different conceptions of what marriage entails.
[50] In short, the determination of whether the parties in this case lived in a marriage-like relationship is a fact-specific inquiry that a trial judge would need to make on a “holistic” basis, having regard to all of the evidence. While the trial judge may consider the various factors listed in the authorities, those factors would not be treated as a checklist and no single factor or category of factors would be treated as being decisive.
E. Is There a Reasonable Claim of a Marriage-Like Relationship?
[51] In this case, many of the Molodowich factors are missing:
a) The parties never lived under the same roof. They never slept together. They were never in the same place at the same time during the relationship. The last time they saw each other in person was in November 2017, before the relationship began.
b) The parties never had consensual sex. They did not hug, kiss or hold hands. With the exception of the alleged sexual assault, they never touched one another physically.
c) The parties expressed care and affection for one another, but they rarely shared personal information or interest in their lives outside of their direct topic of communication. They did not write about their families, their friends, their religious beliefs or their work.
d) They expressed concern and support for one another when the other felt unwell or experienced health issues, but they did not provide any care or assistance during illness or other problems.
e) They did not assist one another with domestic chores.
f) They did not share their relationship with their peers or their community. There is no allegation, for example, that Mr. Dorje told his fellow monks or any of his followers about the relationship. There is no allegation that Ms. Han told her friends or any co-workers. Indeed, there is no allegation that anyone, with the exception of Ms. Han’s mother, knew about the relationship. Although Mr. Dorje gave Ms. Han’s mother a gift, he never met the mother and he never spoke to her.
g) They did not intend to have a child together. The child was conceived as a result of a sexual assault. While Mr. Dorje expressed interest in “meeting” the child, he never followed up. He currently has no relationship with the child. There is no allegation he has sought access or parenting arrangements.
[52] The only Molodowich factor of any real relevance in this case is economic support. Mr. Dorje provided the funds with which Ms. Han purchased a condominium. Mr. Dorje initially wrote that he wanted to buy a property with the money, but, he wrote, “It’s the same thing if you buy [it]”.
[53] Mr. Dorje also provided a significant amount of money for Ms. Han’s postpartum care and the child’s first year of life.
[54] This financial support may have been primarily for the benefit of the child. Even the condominium, Ms. Han wrote, was primarily for the benefit of the child.
[55] However, in my view, a trial judge may attach a broader significance to the financial support from Mr. Dorje than child support alone. A trial judge may find that the money Mr. Dorje provided to Ms. Han at her request was an expression of his commitment to her in circumstances in which he could not commit physically. The money and the gifts may be seen by the trial judge to have been a form of down payment by Mr. Dorje on a promise of continued emotional and financial support for Ms. Han, or, in Mr. Dorje’s own words, “Taking care of her and you are my duty for life” (emphasis added).
[56] On the other hand, I find it difficult to attach any particular significance to the fact that Mr. Dorje agreed to provide funds for Ms. Han to purchase a wedding ring. It appears to me that Ms. Han demanded that Mr. Dorje buy her a wedding ring, not that the ring had any mutual meaning to the parties as a marriage symbol. But it is relevant, in my view, that Mr. Dorje provided $20,000 USD to Ms. Han for something she wanted that was of no benefit to the child.
[57] Further, Ms. Han alleges that the parties intended to live together. At a minimum, a trial judge may find that the discussions about where Ms. Han and the child would live reflected a mutual intention of the parties to see one another and spend time together when they could.
[58] Mr. Dorje argues that an intention to live together at some point in the future is not sufficient to show that an existing relationship was marriage-like. He argues that the question of whether the relationship was marriage-like requires more than just intentions, citing Weber, supra.
[59] In my view, the documentary evidence referred to above provides some objective evidence in this case that the parties progressed beyond mere intentions. As stated, the parties appear to have expressed genuine care and affection for one another. They appear to have discussed marriage, trust, honesty, finances, mutual obligations and acquiring family property. These are not matters one would expect Mr. Dorje to discuss with a friend or a follower, or even with the mother of his child, without a marriage-like element of the relationship.
[60] A trial judge may find on the facts alleged by Ms. Han that the parties loved one another and would have lived together, but were unable to do so because of Mr. Dorje’s religious duties and nomadic lifestyle.
[61] The question I raised in the introduction to these reasons is whether a relationship that began on-line and never moved into the physical world can be marriage-like.
[62] Notably, the definition of a spouse in the Family Law Act does not require that the parties live together, only that they live with another person in a marriage-like relationship.
[63] In Connor Estate, 2017 BCSC 978, Mr. Justice Kent found that a couple that maintained two entirely separate households and never lived under the same roof formed a marriage-like relationship. (Connor Estate was decided under the intestacy provisions of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 ("WESA"), but courts have relied on cases decided under WESA and the FLA interchangeably for their definitions of a spouse.) Mr. Justice Kent found:
[50] The evidence is overwhelming and I find as a fact that Mr. Chambers and Ms. Connor loved and cared deeply about each other, and that they had a loving and intimate relationship for over 20 years that was far more than mere friendship or even so-called "friendship with benefits". I accept Mr. Chambers' evidence that he would have liked to share a home with Ms. Connor after the separation from his wife, but was unable to do so because of Ms. Connor's hoarding illness. The evidence amply supports, and I find as a fact, that Mr. Chambers and Ms. Connor loved each other, were faithful to each other, communicated with each other almost every day when they were not together, considered themselves to be (and presented themselves to be) "husband and wife" and were accepted by all who knew them as a couple.
[64] Connor Estate may be distinguishable from this case because Mr. Chambers and Ms. Connor were physically intimate for over 20 years, and presented themselves to the world as a married couple.
[65] Other decisions in which a marriage-like relationship has been found to exist despite the parties not living together have involved circumstances in which the couple lived under the same roof at previous points in the relationship, and the issue was whether they continued to be spouses after they took up separate residences: in Thompson v. Floyd, 2001 BCCA 78, the parties had lived together for a period of at least 11 years; in Roach v. Dutra, 2010 BCCA 264, the parties had lived together for approximately three years.
[66] However, as Mr. Justice Kent noted in Connor Estate:
[48] … [W]hile much guidance might be found in this case law, the simple fact is that no two cases are identical (and indeed they usually vary widely) and it is the assessment of evidence as a whole in this particular case which matters.
[67] Mr. Justice Kent concluded:
[53] Like human beings themselves, marriage-like relationships can come in many and various shapes. In this particular case, I have no doubt that such a relationship existed …
[68] As stated, Ms. Han’s claim is novel. It may even be weak. Almost all of the traditional factors are missing. The fact that Ms. Han and Mr. Dorje never lived under the same roof, never shared a bed and never even spent time together in person will militate against a finding they lived with one another in a marriage-like relationship. However, the traditional factors are not a mandatory check-list that confines the “elastic” concept of a marriage-like relationship. And if the COVID pandemic has taught us nothing else, it is that real relationships can form, blossom and end in virtual worlds.
[69] In my view, the merits of Ms. Han’s claim should be decided on the evidence. Subject to an overriding prejudice to Mr. Dorje, she should have leave to amend the notice of family claim. However, she should also provide meaningful particulars of the alleged marriage-like relationship.
F. Delay / Prejudice
[70] Ms. Han filed her notice of family claim on July 17, 2019. She brought this application to amend approximately one year and nine months after she filed the pleading, just over two months before the original trial date.
[71] Ms. Han’s delay was made all that more remarkable by her change in position from January 19, 2021, when she confirmed, through counsel, that she was not seeking spousal support in this case.
[72] Ms. Han gave notice of her intention to proceed with this application to Mr. Dorje on March 16, 2021. By the time the application was heard, the parties had conducted examinations for discovery without covering the issues that would arise from a claim of spousal support.
[73] Also, in April, Ms. Han produced additional documents, primarily text messages, that may be relevant to her claim of spousal support, but were undecipherable to counsel for Mr. Dorje, who does not read Mandarin.
[74] This application proceeded largely on documents selected and translated by counsel for Ms. Han. I was informed that Mandarin translations of the full materials would take 150 days.
[75] Understandably in the circumstances, Mr. Dorje argued that an amendment two months before trial would be neither just nor convenient. He argued that he would be prejudiced by an adjournment so as to allow Ms. Han to advance a late claim of spousal support.
[76] The circumstances changed on May 6, 2021, when Madam Justice Walkem adjourned the trial to July 2022 and reset it for 25 days. Madam Justice Walkem noted that most of the witnesses live internationally and require translators. She also noted that paternity may be in issue, and Mr. Dorje may amend his pleadings to raise that issue. It seems clear that, altogether apart from the potential spousal support claim, the parties were not ready to proceed to trial on June 7, 2021.
[77] In my view, any remaining prejudice to Mr. Dorje is outweighed by the importance of having all of the issues between the parties decided on their merits.
[78] Ms. Han’s delay and changes of position on spousal support may be a matter to de addressed in a future order of costs; but they are not grounds on which to deny her leave to amend the notice of family claim.
CONCLUSION
[79] Ms. Han is granted leave to amend her notice of family claim in the form attached as Appendix A to the notice of application to include a claim for spousal support.
[80] Within 21 days, or such other deadline as the parties may agree, Ms. Han must provide particulars of the marriage-like relationship alleged in the amended notice of family claim.
[81] Ms. Han is entitled to costs of this application in the cause of the spousal support claim.
“Master Elwood”
may i make a request 在 林子安 AnViolin Youtube 的精選貼文
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阿信《青空未來》(電影「盛夏未來」主題曲)小提琴版本 | Violin cover by AnViolin of《Future》by Mayday Ashin
這首歌像是寫給當時跨越青春來到大人世界的孩子說~歡迎來到未來的世界
這個世界可能不是那麼讓你喜歡,甚至逼得讓人想要逃離,但是世界是青空色的,下過雨的天空總是特別乾淨美麗,即使現在渾濁黑暗,但要記得等待你的仍是一片藍天!
覺得聽這歌就好像在撫摸自己皮膚,很親近很溫柔,一些詞就像一些身上的疤痕,還記得當初形成這道疤很痛。但是現在慢慢撫摸也就是一道疤,很平凡很普通,但是那些痛很真實。希望這首讓各位的週五夜晚多了點被音樂環抱的療癒❤️
信義區香堤大道街頭演出變成登記制了,想聽我live版演出相關資訊,請追蹤Instagram限時動態!
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The song was like dedicating to those children crossing their youth time and came to the adult world~~
This world may make people want to escape, but the world is still beautiful, even if it may be dark moment now.
I feel like touching myself gently and closely when listening to this song. Some part of the song remind me of the past time, some was very painful. But the ordinary is beautiful. Hope this song will make your Friday night a little more healing by music ❤️
Should you have any request regarding cover songs, just comment below and let me know.
Also please share the video and subscribe to my channel https://bit.ly/2EsTGMQ.
Don't forget to click the 🔔 bell to be notified when my videos come out!
Visit me at Taipei Shin Kong Mitsukoshi Xinyi Plaza to enjoy more my live cover songs. Check it out details on my Instagram stories!
--
編曲Arrange:林子安 Lin Tzu An
混音mix:林子安 Lin Tzu An
小提琴 Violin: 林子安 Lin Tzu An
攝影師剪接師 Photographer & Film editor: Santon.W
文字編輯 Social media editor/manager: Lily Wu
--
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【Cover by AnViolin】每週上傳新的小提琴cover影片,
喜歡的話請訂閱我的頻道 https://bit.ly/2EsTGMQ
也記得開啟🔔訂閱通知,按讚留言分享給你家人朋友看!
還想看子安cover什麼歌?留言跟我說 !
--
#阿信
#青空未來
#AnViolin
#青空未來violin
#青空未來小提琴
#CoverSong
#ViolinCover
#CoverByAn
#林子安
#林子安小提琴
may i make a request 在 林子安 AnViolin Youtube 的最佳貼文
■ 更多林子安:
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FACEBOOK:https://www.facebook.com/Anviolin/
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各式工作演出邀約請私訊IG或臉書專頁
For business, please send private message to my Instagram or Facebook fan page.
■ 更多【Cover by AnViolin】:https://bit.ly/2vWVtF5
🎶樂譜連結 Sheet Music🎶
https://gum.co/TMdyg
(台灣請用蝦皮)https://shopee.tw/product/260436562/11816630088?smtt=0.260438387-1625648307.9
--
Ed Sheeran《Bad Habits》小提琴版本
| Violin cover by Lin Tzu An of《Bad Habits》by Ed Sheeran
Ed Sheeran最新回歸單曲Bad Habits,上週五才剛發,在英國iTunes直接鎖死冠軍~
Bad Habits不只在音樂性展現與過去帶有鄉村風格情歌截然不同調性,反而是帶著電音感的輕快與能量,高亢旋律好像是在模擬飲酒時的瘋癲,電子鼓點也營造出亢奮的氛圍,就像是深夜裡的酒後派對般,而且在Bad Habits的MV中,我們紅髮艾德更是紅髮變成金髮,還變成了吸血鬼!
Bad Habits雖然是在探討酗酒、徹夜狂歡等壞習慣是如何地難以戒掉並且打亂生活的步調,即便明知這樣對自己和身邊的人都沒有好處,卻還是一再地在片刻歡愉的面前妥協投降。
但覺得也蠻像深陷暈船狀態人們的狀態XDDD 腦袋明知對方如何巧言令色(?)甜言蜜語,腦袋都叫你要下船,但是每當對方出現在面前,卻總無法拒絕~
但是沒有關係喔:)光是有意識到問題就已經夠好了,接下來就是一步步鼓勵自己脫離那樣的狀態,成癮狀態都是為了要保護自己找到讓自己開心的事情,這不是不好,開心不開心都是你這個人,而且可讓自己開心的事也不只有一件,試著去找找其他也讓自己開心的事情吧^^
大家在疫情期間千萬不要因為心情低落就尋求慰藉(酒精或手機成癮都是要注意的)
可以靜下心來想想自己未來,最重要的是只能對我的音樂上癮啦 😆
信義區香堤大道街頭演出變成登記制了,想聽我live版演出相關資訊,請追蹤Instagram限時動態!
全台灣疫情三級警戒延長到7/12,街頭演出全部暫停。
大家在家裡還是要多注意身體心理健康喔,對我的音樂成癮很健康(?)不用擔心😉
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Ed Sheeran’s latest Single, Bad Habits, has been sweeping iTunes in the UK since its release lats week wowwwww
Bad Habits is not only musically different from the previous style of Ed, the energy with EDM style is also the new highlight of this new Single.
Although Bad Habits is saying something like how difficult it is to quit the problems like alcoholic and all-night partying, even if those who are addicted are quite aware of the fact that its not good for themselves and for people around them, they still indulge in the moment of happiness from the addiction. Personally, I think it's quite like the situation of catching feelings with the wrong one LOL We bear in mind that we should say no, but we cannot help and ridiculously just cannot go away from the wrong one.
But it's okay =] Just being aware of the problem is good enough.
Getting better step by step, even a baby step is fine! The addiction state may be the signal telling you to protect yourself n being happy but the addition is not the only way that can make you happy, so try another way :)
During the epidemic of Covid, please dont be addicted to drugs or anything else. It's my honor if you can be addicted my music tho 😆
Should you have any request regarding cover songs, just comment below and let me know.
Also please share the video and subscribe to my channel https://bit.ly/2EsTGMQ.
Don't forget to click the 🔔 bell to be notified when my videos come out!
Visit me at Taipei Shin Kong Mitsukoshi Xinyi Plaza to enjoy more my live cover songs. Check it out details on my Instagram stories!
In light of the escalated measures on COVID-19 from the Taiwan government, my busking schedules are all canceled until July 12.
For more updated information , check it out on my Instagram stories!
Stay home, stay safe and stay healthy.
--
編曲Arrange:林子安 Lin Tzu An
混音mix:林子安 Lin Tzu An
小提琴 Violin: 林子安 Lin Tzu An
攝影師剪接師 Photographer & Film editor: Santon.W
文字編輯 Social media editor/manager: Lily Wu
--
🎻Sponsor AnViolin🎻
如果你喜歡我的影片的話,歡迎贊助我,讓我有更多資源去提升畫面與音樂。
贊助連結:
(台灣請用歐付寶)歐付寶:https://p.opay.tw/77sBF
(Via Paypal)Sponsorship:https://www.paypal.me/Anviolin
--
【Cover by AnViolin】每週上傳新的小提琴cover影片,
喜歡的話請訂閱我的頻道 https://bit.ly/2EsTGMQ
也記得開啟🔔訂閱通知,按讚留言分享給你家人朋友看!
還想看子安cover什麼歌?留言跟我說 !
--
#EdSheeran
#BadHabits
#AnViolin
#BadHabitsViolin
#BadHabits小提琴
#CoverSong
#ViolinCover
#CoverByAn
#林子安
#林子安小提琴
may i make a request 在 林子安 AnViolin Youtube 的最讚貼文
■ 更多林子安:
INSTAGRAM:https://www.instagram.com/an__official/
FACEBOOK:https://www.facebook.com/Anviolin/
WEIBO:http://weibo.com/u/6511795600
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各式工作演出邀約請私訊IG或臉書專頁
For business, please send private message to my Instagram or Facebook fan page.
■ 更多【Cover by AnViolin】:https://bit.ly/2vWVtF5
🎶樂譜連結 Sheet Music🎶
https://gumroad.com/l/jZnTK
(台灣請用蝦皮)https://shopee.tw/product/260436562/7288780769?smtt=0.260438387-1620892392.9
--
周興哲《如果能幸福》(HBO Asia原創影集「戒指流浪記」片尾曲)小提琴版本
| Violin cover by Lin Tzu An of《Fortunate (HBO Asia Original Series "Adventure of the Ring" Theme Song)》by Eric Chou
人生是無數的選擇堆砌而成,我們做出選擇之後,都有個「如果」。
「如果」能更勇敢一點?又或是「如果」我不放棄?
所有的抉擇也都讓我們帶著這些遺憾,走向往後的人生。
我們承擔的遺憾都是活過的痕跡,這些痕跡不是為了提醒我們一直沈溺在過去,而是我們可以比自己以為的更好。當時的全心全意沒有浪費,因為僅有的一次,給了唯一的人給了當初的決定。如果是真的,必定值得;如果不是真的,也不代表決定錯了。
這些過去帶來必須承擔的遺憾,都是為了最後的那個決定做準備,所以即使站在各種人生的十字路口,也勇敢坦然不遺憾地做自己想做的,走往自己想要的方向吧:想哭的時候哭、想愛的時候就抱緊身邊的人或是直接說出口、想念已經不在身邊的人的話就寫下來對方會看到會知道的。
信義區香堤大道街頭演出變成登記制了,想聽我live版演出相關資訊,請追蹤Instagram限時動態!
--
Our life is about lots of choices. After we make a choice, we all have a condition, a what if. What if I could be more brave or what if I could be patient waiting for you.
These are all our own stories and the sorties are bringing us to the present, telling us we may be better than we supposed to be, instead of being stuck in the past.
It’s not waste of time loving you for I did love you with all my heart and I want to believe you loved me too even for a split second.
If I were to choose again, I would still connect with you, love you again and stuck with you asking if you can develop a vaccine against missing you just because you were the only holic I have. The world with you in it is vague, the only one truth would be I told you I love you at the moment, looking at you with the light in my eyes for you are everything I've been looking for and I'll wait for you. I gave my heart to the very thing I know would break it and I'd love to do it again, without question =]
Okay it’s enough being so emotional. Another week, another cover. Let's goooo, hope y’all like this!
Should you have any request regarding cover songs, just comment below and let me know.
Also please share the video and subscribe to my channel https://bit.ly/2EsTGMQ.
Don't forget to click the 🔔 bell to be notified when my videos come out!
Visit me at Taipei Shin Kong Mitsukoshi Xinyi Plaza to enjoy more my live cover songs. Check it out details on my Instagram stories!
--
編曲Arrange:林子安 Lin Tzu An
混音mix:林子安 Lin Tzu An
小提琴 Violin: 林子安 Lin Tzu An
攝影師剪接師 Photographer & Film editor: Santon.W
文字編輯 Social media editor/manager: Lily Wu
--
🎻Sponsor AnViolin🎻
如果你喜歡我的影片的話,歡迎贊助我,讓我有更多資源去提升畫面與音樂。
贊助連結:
(台灣請用歐付寶)歐付寶:https://p.opay.tw/77sBF
(Via Paypal)Sponsorship:https://www.paypal.me/Anviolin
--
【Cover by AnViolin】每週上傳新的小提琴cover影片,
喜歡的話請訂閱我的頻道 https://bit.ly/2EsTGMQ
也記得開啟🔔訂閱通知,按讚留言分享給你家人朋友看!
還想看子安cover什麼歌?留言跟我說 !
--
#周興哲
#如果能幸福
#AnViolin
#FortunateViolin
#如果能幸福小提琴
#CoverSong
#ViolinCover
#CoverByAn
#林子安
#林子安小提琴