Question 1

above and beyond台灣Eric's English Lounge 在Facebook 的評價

Accepted Answer

There’s rhythm in writing! 🎶這個禮拜Presentality的Andrew來分享英文寫作的節奏!★★★★★★★★★★★★我的工作需要看非常多的英文。其中有英文母語的人寫的，也有非母語的人寫的。最近，我注意到一個兩者之間很明顯的差別。這個差別很少有人提到，因為它無關文法正確，也不是有學問的用語，或是文雅的詞彙。是句子的長短。Well，更正確的來說，是長句跟短句的交錯。我發現，非母語人士寫的英文句子，不但比英文母語的人寫的長，而且是大部分句子都很長。母語的人，尤其是很會寫的人，則是會把長句跟短句混合搭配。那又怎樣？★★★★★★★★★★★★你可能會說 ok，以英文為母語的人比較會用短的句子，那又怎樣？句子的長短，跟我寫作的好壞，有關嗎？關係可大了。就像音樂，或是影片，文字也是「內容」。只要是「內容」，就有它的節奏。你可以想像一首曲子，從頭到尾都是很長的音，而且一點變化都沒有嗎？或是一部很長的影片，從頭到尾都是很長的畫面，而且一點節奏的變化都沒有嗎？Well actually，你應該可以想像，這些就是要幫助我們睡眠的。如果你不想要你的讀者覺得無聊或甚至睡著，我建議適度變換你文字的節奏。但我們先看案例。我拿一篇台灣人寫的文，跟另一篇美國人寫的，來做比較：把每個句子都分拆成不同的段落，句子的長短就一目了然了。★★★★★★★★★★★★但我們先看案例。我拿一篇台灣人寫的文，跟另一篇美國人寫的，來做比較：把每個句子都分拆成不同的段落，句子的長短就一目了然了。📌 台灣案例：Taipei Times Opinion1. The TAIEX last month rose above 17,000 points as rallies in steel, shipping and some non-tech stocks offset a weakness in semiconductor and electronics stocks.2. While news about a cluster of local COVID-19 infections connected with China Airlines cargo pilots and a hotel in Taoyuan fueled selling pressure early this month and pushed the local stock market into consolidation mode, the daily market turnover in the first two trading sessions of this month hit fresh highs.3. Moreover, Taiwan’s stock trading volume last month began to surpass that of Hong Kong for the first time in 15 years, which was beyond most market participants’ expectations.4. Taiwan’s daily market turnover exceeding Hong Kong’s might gradually become a new normal from this year, and there are good reasons for this.5. First, Hong Kong’s stock market has lost its appeal to foreign investors since China last year imposed national security legislation on the territory, triggering a potential flight of capital and talent.6. Second, many wealthy Taiwanese tend to park their overseas funds in Hong Kong, China, Singapore, Switzerland and the US, but government statistics showed that more than 80 percent of funds repatriated by wealthy individuals last year were from Hong Kong, as they saw the political situation in the territory worsen after its self-governance, human rights and freedom of speech were further suppressed.7. Third, China’s new NASDAQ-style stock board — the Shanghai Stock Exchange’s STAR board — has emerged as a fast-growing capital markets center for Chinese companies at a time when rising China-US tensions have triggered concerns about their prospects of listing in New York, posing a growing challenge to the Hong Kong stock exchange.8. On the other hand, Taiwan’s economic fundamentals, the central bank’s adoption of extraordinary monetary easing and the government’s fiscal policies have fueled continued rallies in the nation’s stock market since last year.9. It might be too early to tell how long the consolidation trend might last, as a resurgent COVID-19 outbreak is coloring the global economic outlook, but some insight can be drawn from the stock market:10. Taiwan’s GDP grew a larger-than-expected 8.16 percent in the first quarter, as exports and private investment remained healthy.都是一堆很長的句子對不對？我們來看美國人寫的句子，也是一個主流媒體的 opinion 文。★★★★★★★★★★★★📌 美國案例：New York Times Opinion1. I miss torturing Liz Cheney.2. But it must be said that the petite blonde from Wyoming suddenly seems like a Valkyrie amid halflings.3. She is willing to sacrifice her leadership post — and risk her political career — to continue calling out Donald Trump’s Big Lie.4. She has decided that, if the price of her job is being as unctuous to Trump as Kevin McCarthy is, it isn’t worth it, because McCarthy is totally disgracing himself.5. It has been a dizzying fall for the scion of one of the most powerful political families in the land, a conservative chip off the old block who was once talked about as a comer, someone who could be the first woman president.6. How naïve I was to think that Republicans would be eager to change the channel after Trump cost them the Senate and the White House and unleashed a mob on them.7. I thought the Donald would evaporate in a poof of orange smoke, ending a supremely screwed-up period of history.8. But the loudest mouth is not shutting up.9. And Republicans continue to listen, clinging to the idea that the dinosaur is the future.10. “We can’t grow without him,” Lindsey Graham said.📌 Note: 即使是比較長的句子，這位作者也會用標點符號拆散它：She is willing to sacrifice her leadership post — and risk her political career — to continue calling out Donald Trump’s Big Lie. 這就好比用句點一樣，讓我們讀起來有點停頓休息的時間。★★★★★★★★★★★★📌 注意到了嗎？台灣人寫的英文，句子都偏長，而且長度都差不多。美國人寫的就不一樣了：一個只有五個字的句子開頭，然後一堆稍微長一點的句子，然後再來一串短句。你可能懷疑我故意挑選很極端了例子出來，而且幹嘛專門打台灣人呢？所以想到這裡，我從我的書架上，隨便挑了兩本跟科技有關的書出來。左邊的，是美國人，矽谷知名投資人 Peter Thiel。右邊的是德國人，但注意了，是一個英文非常好的德國人。他不但是世界經濟論壇的創辦人，研究所也是在哈佛大學唸的。★★★★★★★★★★★★📌 兩本書 Introduction 是怎麼寫的？Klaus Schwab (德國)：Of the many diverse and fascinating challenges we face today, the most intense and important is how to understand and shape the new technology revolution, which entails nothing less than a transformation of humankind.We are at the beginning of a revolution that is fundamentally changing the way we live, work, and relate to one another.In its scale, scope and complexity, what I consider to be the fourth industrial revolution is unlike anything humankind has experienced before.Peter Thiel (美國)：Whenever I interview someone for a job, I like to ask this question: What important truth do very few people agree with you on?The question sounds easy because its straightforward.Actually, its very hard to answer.Its intellectually difficult because the knowledge that everyone is taught in school is by definition agreed upon.See the difference?★★★★★★★★★★★★📌 如何變換節奏呢？需要Andrew的完整分享請留言「There’s rhythm in writing~」。Follow Presentality for more!https://www.facebook.com/presentality

Question 2

above and beyond台灣江魔的魔界（Kong Keen Yung 江健勇） 在Facebook 的評價

Accepted Answer

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”

Question 3

above and beyond台灣肯腦濕的人生相談室 在Facebook 的評價

Accepted Answer

【致香港人：願我們以生命回報自由。| Hongkongers, we shall give our lives to freedom. 】

(Please scroll for English version)

二零一九年，香港抗爭者憑藉若水之志踏遍烽火戰地。政權殘民以逞，暴戾恣睢，然而槍炮卻從未使人民折服。二零二零年，政權以國家安全之名施惡法枷鎖，將屠刀架於港人項上。不過數周時間，鍾翰林、黎智英、周達權、黎耀恩、李宇軒、李宗澤以及周庭等超過二十名香港人，成為國安惡法下首批被捕者。羅織罪名、強闖報館、延後選舉、解僱教授，只會是漫長黑夜的序章。這城巿的未來，看似只有更加晦暗。

在極權黨國面前，我們或許力弱，但絕不勢孤。

歷史上，我們眼前的路，台灣和南韓在上世紀走過了。一九四七年，台灣爆發二二八事變後，《民報》等最少二十二家報館遭查封、停刊，及後蔣氏政權宣佈戒嚴、施行報禁。一九八零年，南韓光州事件半年後，全斗煥頒布「言論統廢合」政策，廢止一百七十二種定期刊物，將七間通訊社強行「統廢合」成一間。今日，兩地皆已在民主路上走得更遠。

國際間，我們眼前的路，有自由世界與我們同行。香港議題正改變地緣政治版圖，抗擊極權已成天下大勢。更值得我們振奮的是，世上每名珍愛民主自由的人，都在為我們搖旗吶喊。

大時代置我們一代香港人於十字路上。生於憂患中的我們，將用行動譜寫歷史新篇章，於時代呼召下昂首矗立，拒絕於沉默中滅亡。此刻縱然黑暗，卻仍充滿無限希望，皆因抗爭號角已將百萬港人從迷茫中喚醒。「讓牆壁堵住我的嘴唇吧，讓鐵條分割我的天空吧。只要心在跳動，就有血的潮汐。」再堅固的鐵牢亦斷不能囚禁自由的靈魂。我們就憑傘擋子彈的勇氣，於狂濤中破浪，戰勝極權與奴役。

香港大學學生會定必續與港人同行。哲學家漢娜鄂蘭在《黑暗時代群像》寫道：「即使時代黑暗，我們也有權去期待一種光明。這種光明或不來自理論和觀念。這一點明滅不定、隱約閃爍的星火，更多是由最平凡百姓所擦亮的。」淚淌過了、血流過了，我們依然同行著，因為我們相信彼此，我們相信香港，繼而願以生命去為我城追尋自由。而終有一日，香港亦終不負我們，還自由予你我每一名香港人。

香港大學學生會
二零二零年八月十四日

（此聲明已於蘋果日報頭版刊登。）

（以上為本會聲明之原文。蘋果日報於刊登此聲明前，曾諮詢其法律團隊專業意見。經過商討後，本會同意蘋果日報於報章刊登版本遮蓋部份字句。）

In 2019, Hong Kong protestors walked through the flames of the war raging across the length and breadth of the city. Yet, our people did not yield to the firearms. In 2020, the regime enacted draconian laws on the pretext of national security, putting the butcher's knife against Hongkongers’ throat. In just a few weeks time, over 20 Hongkongers, including Tony Chung Hon-lam, Jimmy Lai Chee-Ying, Royston Chow Tat-kuen, Ian Lai Yiu-yan, Andy Li, Wilson Li Chung-chak, Agnes Chow Ting, have become the first batch of arrested persons under the National Security Law. Students were arrested, a newspaper office was raided, an election was turned into a mere figurehead, a professor was dismissed - all of these are merely the prologue to a long gloomy night. It seems that the future of this city can only get ever duller.

We might be weak confronting the totalitarian party-state, but we are not alone.

Taiwan and South Korea are our predecessors in the quest for freedom. In 1947, the February 28 Massacre befell the press in Taiwan. Min Bao and at least 22 newspaper offices were seized and their publications were discontinued. The Chiang Regime introduced Martial Law and implemented a ban on newspapers. In 1980, just half a year after the May 18 Democratic Uprising, Chun Doo-hwan enacted The Basic Press Act, repealing 172 periodicals and forcefully merging seven news agencies into one. Having been through twists and turns, both of our predecessors have travelled so far on the road to democracy.

On the international field, we have the free world walking with us. The Hong Kong issue has been transforming global geopolitics. The trend of enforcing containment against totalitarianism is beyond doubt. On top of that, what we should be most uplifted by is the fact that every single person who cherishes democracy and freedom is voicing out for us in their positions.

We are now writing a new chapter in history. The time has put our generation on a cross-road. Shall we stand tall under the call of the times, or perish in silence? Hongkongers are pronouncing our choices with actions for posterity. "Let walls shut my mouth. Let prison bars divide my sky. As long as my heart keeps pounding, the ebb and flow of my blood will go on." Today, we are still hopeful as millions of Hongkongers have already been awakened by the horn of the resistance. Even the most stringent cage cannot imprison a soul yearning for freedom. With the same courage we have when we are standing against the bullets with umbrellas, we shall continue to ride with the wind and break through the waves.

The Hong Kong University Students’ Union shall continue to stand with Hongkongers. Hannah Arendt once wrote, “that even in the darkest of times we have the right to expect some illumination, and that such illumination might well come less from theories and concepts than from the uncertain, flickering, and often weak light that some men and women, in their lives and their works, will kindle.” Through blood, toil, tears and sweat, we will strive on. Out of our faith in one another, our faith in this city named Hong Kong, we will dedicate our lives to the pursuit of freedom in this city. However difficult it may be, Hongkongers will eventually restore our city.

The Hong Kong University Students’ Union
August 14, 2020

(This statement is published on the front page of Apple Daily.)

(Above is the original statement from the Union.
Apple Daily consulted professional legal advice before publication. After discussion, the Union approves of the redacted version for publication.)

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