關於 one ring to rule them all ，我們在網路上蒐集到這些相關的討論、資訊與評價

First Time Menonton Lord Of The Rings

Alkisahnya, Selain Harry Potter, ada satu lagi movie popular yang saya langsung tak rasa minat nak menonton, iaitu Lord Of The Rings.

Teringkat kali pertama kawan ajak tonton DVD, saya yang masih bujang, tahun 2001, waktu tonton, permulaan yang sangat perlahan, ada babak ahli sihir ke kampong orang kerdil, lepas tu ada perayaan, berborak di meja, dan saya tertidur.

Adohai..,
Can’t go kata orang putih.

Dua tiga tahun kemudian, filem ini masuk TV, ada malay sub okey kot , jom tonton, tapi masih sama, permulaan yang sangat perlahan, babak ahli sihir ke kampong orang kerdil, lepas tu ada perayaan, berborak di meja, dan bila iklan, saya keluar rumah, mengeteh dengan kawan, filem tu tak membuatkan saya rasa dahaga atau lapar untuk tonton. Tapi buat saya dahaga untuk keluar rumah.

Walau bagaimanapun filem tu sangat popular, markah rottens tomato tinggi, Imdb pun tinggi, lepas tu kawan-kawan cakap best, mereka ajak tengok wayang, saya tolak, serius tak minat cerita purba yang terlalu banyak watak dan terlalu banyak sembang mambang.

Bila filem ini menang Oscar, saya azam nak tonton, tapi tak tahu bila? Masa berlalu tiba tiba ada filem Hobbit pulak, okey baiklah, saya bagi peluang tengok di panggung wayang bersama rakan rakan yang lain, katanya bagus tengok filem ini dari Hobbit, sebab dia macam Star Wars episode one, tapi babak bosan berulang kembali, ahli sihir pergi ke kampong orang kerdil, dan borak di meja makan, lama gila mereka borak, dan saya tertidur! Bosan gila! Tak kena dengan jiwa, adohai..

Lain waktu masa lepak mengeteh dengan kawan, tengok ada naga yang cantik CGInya di kaca TV, tapi Naga itu bercakap Bahasa English, macam filem Disney chicken sahaja? Cerita apa ni?, Naga bercakap? kata sahabat saya: Itulah filem The Hobbit part three, what? naga bercakap? ha ha, mujur saya tak minat.

Namun sebagai kaki movie, saya azam satu hari nanti, saya akan beri peluang untuk tonton filem ini bila saya bosan gila, atau, satu hari nanti jika umur saya panjang, saya dah tua, lepak dengan cucu, maka saya akan tonton filem ini dengan cucu.

Tapi niat saya tak sampai, bila Malaysia kena PKP akibat Covid, anak anak saya sendiri yang ajak menonton filem ini.

Terperangkap dalam PKP, memang perlukan filem yang panjang sebegini, maka muncul juga seorang saya seorang berumur 40-an yang First time layan Lord Of The Rings.

Lepas tonton Lord Of The Rings saya tonton pulak Hobbits dan saya buat kesimpulan..

Jika korang suka filem fantasi yang ada banyak watak, (sangat banyak) dan jika korang penonton yang sabar, (dialog panjang meleret), dan korang suka tengok raksasa bercakap, orang kerdil bercakap, dewa bunian bercakap, binatang pelik bercakap, pokok balak bercakap, naga bercakap, hantu bercakap, dan lepas tu suka tengok perang lawan pedang, suka tengok orang tak bercukur, suka tengok orang tak mandi, maka filem ini untuk anda.

Babak aksinya sangat baik, sama macam waktu dialog, babak aksinya juga panjang, puas hati dengan aksi, walau geng hero selalu bernasib baik sampai tak masuk akal tapi inikan filem fantasi. Nasib baik terlau baik bagi geng hero, buatkan aksinya Panjang dan okeylah!

Tapi saya tak pelik kenapa filem ini ramai orang suka sebab novelnya orang dah baca sejak zaman berzaman, tahun 1937 lagi, maka kisah fantasi ini telah bersarang dalam jutaan pembaca. Di zaman itu yang jauh dari TV dan panggung wayang, maka membaca novel fantasi adalah hiburan indah. Masuk zaman perang dunia, novel ini masih dibaca orang hinggalah perang dunia berakhir, dan bila dunia filem tercetus lepas perang, maka cubaan demi cubaan telah di buat untuk filemkan novel ini, namun kesan khas masih belum mampu dicapai buatkan tertangguh sekian lama.

Akhirnya muncullah Peter Jackson yang membaca novel ini dalam 12 jam perjalanan dari Wellington ke Auckland, dan beliau terinprasi dan cuba buat satu filem purba yang baru tapi walau bagaimanapun ideanya dikembangkan, akhirnya tetap mewnjadi mirip kepada Lord Of The Rings, dari kena kutuk meniru novel LOTR, lebih baik adaptasi sahaja novel itu ke dalam bentuk filem, dan oleh sebab terlalu banyak watak maka filem ini pecah kepada enam episode. Then the rest is history.

Filem ini akhirnya sangat Berjaya di pasaran, walau saya tak minat, tapi bila tonton, masih enjoy sebab Peter Jackson pandai buat filem yang disulami aksi dan emosi, antara pengarah yang terbaik, rujuk karyanya yang lain seperti King Kong dan lain lain.

Sedikit Trivia dari filem LOTR

1. Saruman lakunan Sir Christopher Lee telah mebaca novel ini setiap tahun semenjak diterbitkan, beliau adalah satu satunya pelakon dalam filem ini yang pernah berjumpa dengan penulis novel, J.R.R. Tolkien.

2. Cincin dalam filem ini dihadiakah oleh pengarah kepada Fredoo sebagai kenangan.

3. Boromir sangat takut naik helicopter, bila filem ada babak atas gunung, Boromir mendaki dari bawah dalam keadaan lengkap berpakaian purba.

4. Gimli walaupun berlakon orang kerdil, tapi beliau paling tinggi dalam geng Fellowship. 6' 1"

5. Aragon tak boleh berenggang dengan pedang, waktu jalan minum di pekan pun bawa pedang, hingga polis selalu tegur bagi nasihat akan bahaya bawa pedang di khalayak ramai.

6. 200 Juta keuntungan telah mengalir dalam ekonomi New Zealand kerana lokasi filem ini, maka New Zealand telah lantik Menteri hal ehwal Lord of the Rings untuk terus rangsangkan ekonomi negara.

7. Patung mayat Boromir sangat sempurna, hingga ada kru filem selalu tegur dan ajak bercakap.

8. 300 ekor kuda berlakon dalam keseluruh filem ini .

9. Replika gajah raksasa adalah prop paling besar dalam movie ini, namun pengarah cakap, patutnya lebih besar.

10. "Well, I'm back", adalah ayat terakhir dalam filem, juga ayat terakhir dalam novel.

11. Movie ini untung 1000 peratus!

12. The Lord of the Rings trilogy adalah filem paling banyak tercalon dalam Academy Award dengan 30 pencalonan, berbanding Godfather trilogy (28) dan Star Wars film franchise (21). Lepas tu menang besar pulak! Pevah rekod!

13. Filem normal kesan khas sebanyak 200 visual effects shots. Tapi movie ini sebanyak 1,487 kesan khas!.

14. Tentera hantu adalah babak yang saya rasa tak best, bila baca perjalanan filem, Peter Jackson pun rupanya tak suka babak tentera hantu itu, sebab dah masuk elemen tahyul, tapi terpaksa diadakan sebab tak nak kecewakan peminat novel.

15. 100,000 orang berbaris di jalan Wellington, New Zealand untuk tayangan perdana. Jumlah itu adalah 1/4 dari penduduk bandar.

16. Tujuh tahun pengembaraan filem, 6 juta kasut digunakan,;48,000 bilah pedang, kapak, dan perisai. 20,602 background;19,000 costumes 10,000 pelakon ekstra; 2,400 kru; 1,600 pasang kaki Hobbit, 300 ekor kuda, 180 pakar kesan khas, 140 pelakon; 100 lokasi di New Zealand, 50 tailors, cobblers, designers, di Wardrobe department; dan 30 aktor dipkasa belajar bercakap Bahasa bunian, perghhhh!

17. James Cameron lepas tonton film ini terus dapat ilham nak buat filem Avatar, teknologi CGI dari file mini adalah penanda aras untuk sempurnakan Avatar.

18. Okey, dah nama sayapun keretamayat, maka ada sikit tazkirah..

19. Tazkirah dari movie: Dunia ni ada jin, sebelum manusia di cipta, malaikat cakap ada mahkluk telah berperang dan menumpahkan darah, ada riwayat mengatakan iblis mengetuai tentera malaikat usir makluk ni ke alam jin, ada yang kata makhluk itu adalah adam sebelum adam, ada yang kata mahluk itu adalah jin berdaging, tapi ianya bukan bunian, atau Hobbit, atau apa apa watak dari Lord Of The Rings, lalu turunlah Nabi adam ke bumi, eh? Macam tak kena tazkirah ini, adohai. Ok next!

20. Cerita LOTR adalah tentang cincin, di riwayatkan Nabi Sulaiman ada memiliki sebentuk cincin sakti yang menjadi lambang cop mohor pemerintahan kerajaannya. Kaum jin pernah mencuri cincin ini lalu menyebarkan ilmu Sihir buat seketika sebelum cincin ini diambil semula oleh Nabi Sulaiman. Setelah kewafatan baginda, tidak diketahui dimana keberadaan cincin Nabi Sulaiman ini. Sudah pasti cincin ini tiada kaitan dengan cincin milik Gollum serta Smeagol, jangan nak buat teori konspirasi.

21. Cincin dalam LOTR ada tulisan: One Ring to rule them all, One Ring to find them, One Ring to bring them all and in the darkness bind them, Apa yang tertulis pada cincin Nabi Muhammad?

22. Nabi Muhammad SAW ada cincin sebagi cop untuk tanda tangan kerana baginda tidak tahu membaca, Saidina Anas Bin Malik R.a berkata: Ukiran pada cincin Nabi S.A.W terdapat tiga baris. Baris yang pertama tertulis kalimah Muhammad. Baris yang kedua tertulis kalimah Rasul dan baris yang ketiga tertulis kalimah Allah.

23. Haram lelaki memakai cincin emas, tapi harus jika memakai Cincin perak. Haram juga jika memakai cincin Lord of The ring jika dibuat dari emas.

24. Seorang Raja telah memanggil kesemua bijak pandai dalam istananya, dan mengarahkan mereka mencipta sesuatu barang yang mana jika Raja dalam kesedihan lihat benda itu maka akan hilanglah kesedihan, jika dalam kegembiraan bila lihat barang itu maka hilanglah kegembiraan.

25. Maka berpakatlah para bijak pandai untuk mencipa 'benda' tersebut. Dan setelah di nasihati oleh seorang pemandu kederaan jenazah@kereta mayat maka terciptalah benda itu…

26. Dan hasilnya, Raja cukup berpuas hati...

27. Apa benda tu?

28. Sebentuk cincin yang cukup cantik dan halus pertukangannya dan tertulis perkataan di atasnya: "Semua orang akan menjadi mayat, semua mayat akan menjadi tanah, semua tanah adalah millikNYA"

Woha!

Sekian ulasan LOTR filem dari Hamka Kereta Mayat.

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”

【串流大灑幣和三部電視劇的奇幻漂流】#葉郎串流筆記

2020年之前，串流市場的領先者和它的用戶都曾有一個錯覺，以為他們已經找到了傳說中 “ One ring to rule them all ” 的至尊魔戒。從此以後就是一個平台、所有節目通通吃到飽的完美結局。然而2020年群雄並起的好萊塢串流大戰打破了這種不切實際的幻想。

一年後串流平台上的節目已經開始頻繁地轉台，有時候待在一個平台上的時間甚至比在電影院上映的時間還要短（比如《Jurassic Park 侏羅紀公園》系列電影在 Peacock 上總共只待了17天）。串流內容破碎化的速度就好比一場吃到飽的盛大宴會突然無預警地宣佈散會一樣讓人措手不及。

下文將透過三部在過去一年「轉台」的經典美劇，觀察這些串流節目的奇幻漂流背後的競爭佈局——


********************


“ I'll be there for you because you’re there for me too. “電視喜劇《Friends 六人行》的片頭曲這麼承諾，然而該劇在2004年輝煌完結的整整15年後仍為喜愛他們的觀眾製造了嚴重了分離創傷。

2018年12月的某個週末 Netflix 上的某個「系統錯誤」引發了串流史上的第一次下架騷亂：為期一整個週末，《六人行》節目列表上都會出現一行小字：“Availability Until 1/1/19”（2019年1月1日之前可觀看）。雖然幾天後 Netflix 隨即拿掉這行字，並稱該標示完全是系統錯誤。但在網路上快速流傳的截圖已經讓千萬粉絲在極度恐慌中終於覺悟 Rachel、Ross、Monica、Chandler、Joey 和 Phoebe 終究不會和 Netflix 訂戶一起白頭到老。

檯面上的「系統錯誤」說詞背後，則是檯面下和版權方的授權談判角力：

《六人行》版權方是 WarnerMedia。而2018年10月 WarnerMedia 已經宣佈即將推出自己的串流服務。這個當時還沒有定名的服務正是當年電信集團 AT&T 耗費超過千億美元併購 Time Warner 集團（即日後的 WarnerMedia）的唯一動機——他們想要插旗串流市場對決 Netflix，藉以鞏固自己原有的電信和有線電視業務客戶繼續留在 AT&T 集團的池子裡。Warner 在這個時機點上刁難 Netflix 續約的動機，顯然就是企圖留下《六人行》，讓該劇成為預計在2019年第四季上線的自家串流服務的秘密武器。

一個已經二十多年歷史的老節目之所以還夠格成為新世代戰爭武器，是因為沒有第二個電視節目具有《六人行》那樣寬的觀眾世代跨度。

我們很容易忘記《六人行》原本發生在一個不存在 Facebook、Instagram、Twitter 和 Tinder / Grindr 等等社交工具的史前文明世代。「網際網路」這玩意兒在236集節目中只被提到兩三次，而且多半都是收發 email 之類網路石器時代的應用。Kubrick 拍攝《2001: A Space Odyssey 2001太空漫遊》的時候距離真正的的2001年也才32年。27年前參《六人行》的每一個人恐怕都無法想像該劇的影響力居然能延長保固到二、三十年後直逼科幻紀元的未來世界。

替《六人行》延長保固的第一個重大事件是911恐怖攻擊事件。911事件就發生在《六人行》第八季首播的幾天前。電視機外頭的真實世界一夕之間變得複雜難解而充滿重量感，因而給了電視機裡頭這個故事簡單、多數情節都是坐在咖啡館或客廳聊天的電視劇一個前所未有的機會。《六人行》的受歡迎程度隨即被推向第一個高峰，直到兩年後在瘋狂熱度中正式完結。

《六人行》的第二個熱潮發生在2015年登上串流平台 Netflix 之後。和第一次延長保固的理由其實也很接近：情節簡單的喜劇提供了普世通用的情感依託，讓新舊世代觀眾都能找到自我投射的面向。這時候已經完全沉浸在虛擬社交（而根本無法想像一整天待在咖啡館聊天）的新世代觀眾，則透過該劇想望瀕臨絕種的實體社交。其實電視劇產業原本就一直存在這種對距今二十年前的世界的懷舊產品，比如 1990年代的電視喜劇《That ‘70s show 70年代秀》。《六人行》則幸運地遇到串流科技這個貴人就地延長節目的自然壽命，直接從1990年代的電視頻道觀眾一路延伸到2010年代的網際網路觀眾。

2018年底的下架標示之亂之後，《六人行》終究又在 Netflix 上多留了一年......


********************


下文還有———該來的還是要來《六人行》真正和觀眾分手的那一集、《The Office 辦公室風雲》：串流王者離家日、《Modern Family 摩登家庭》：Pre-Covid 的最後一場家庭派對，以及 Netflix 如何默默地成為串流大灑幣的隱形得利者。

全文刊登在 INSIDE 新專欄「葉郎串流筆記」，全文由此去：https://bit.ly/3kq773x

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