關於 if there is any missing ，我們在網路上蒐集到這些相關的討論、資訊與評價

HI HI TO ALL MY HAPPY ‘TAP” FAMILYYYY ❣️❣️❣️

I haven’t written to you all for such a long time and I do apologize so much for this. I don’t know how TIME FLIES the way it does!

I wanted to share some thoughts on this very momentous and memorable DAY in my life.. I am strolling into the BIG 6 ❤️ today!!! My BRAIN IS EMPTY!!

All I can think of is HOW GRATEFUL I am to the Universe, and to all of YOU, to my LOVING FAMILY, my INCREDIBLE FRIENDS… all this life has brought to me.. that our Planet is so beautiful and there is so much to be thankful and OPEN to.

After 60 years, chasing so many things, experiencing the excitement, ups and downs of almost all of life, months, weeks, days, minutes, seconds… and I realize, all I really desire and want, is a SIMPLE SMILE, WARMTH, UNDERSTANDING, A Heartwarming HUG, A phone call, or now, text to say HI… A Healthy and strong Body, LOTS & LOTS of LAUGHTER, CONNECTION, COMMUNICATION, LOVE, LOVE & LOVE. No matter what circumstances we run into, Rain, Thunder, Protests, Covid, it is absolutely possible to realize that ALL THINGS MUST PASS, and through the most difficult or most ravishing times, we can find comfort in holding the hands of those loving people around us. I know there is still so much more to learn while we are so BLESSED to be a VALUED GUEST on this Earth for such a fleeting moment. I feel I must keep on learning and evolving to be the BEST person I can be.

I realize that when we are born, we need so much love, feeding, nurturing, understanding, and a lot of HELP! When we get old, we need so much love, feeding, tolerance, patience, understanding, and a lot of HELP! There is no difference in the VALUE of each end of the stick. Just what we can do in between that will make ALL the difference and we all have a CHOICE in how we want to write our own, unique, wonderful, heartfelt STORY.

LIFE can be, and IS SO VERY BEAUTIFUL. The Beauty I used to understand doesn’t hold any meaning for me anymore.. The BEAUTY I HOLD TRUE is the LOVE & BEAUTY inside of ME and all the surroundings of the amazing Mother Nature. Each of us, is handcrafted so very intricately, to have all the same physical features, yet not a single one of us is a duplicate of another. We all have a brain to think, yet every single one of us does not think like any other. We ALL have a PATH, yet every one of our paths is different from each other. But we are ALL meticulously woven together, our lives, our actions are all intertwined. Every action we take, affects another. Every tree, every flower, mountain, sea, sky, clouds, animals, and all beloved creatures. We are the unique creatures, blessed with thinking, speaking & doing. I feel I must do everything I can to HONOR this special GIFT from Mother Nature. Beauty is DEEP & ROOTED & everywhere we look. I’m going to embrace everything PapaGOD & the Universe has given me.

I’m SO GRATEFUL for making it this far, in GOOD HEALTH, GOOD SPIRITS, GOOD MIND & BODY. Every day is a SURPRISE to me. Every moment is truly a BLESSING and ever so sacred. I will continue to live each BLESSED day with an open heart, open mind, and open SPIRIT. I will live each day as HIGH as I can go, no matter how low I feel. I will enjoy growing old GRACEFULLY, and make a conscious effort to do and BE the BEST I can be EACH SINGLE DAY, CHERISH & take care of it like a RARE and Beautiful JEWEL, which LIFE & our EARTH IS.

Today I spend with my LOVING FAMILY & MY FRIENDS. Well.. one loving Family is missing and in Mainland, now resting, but working VERY HARD! I’m so proud of Lam because we are so happy that he gets to SHARE his music with a WHOLE NEW GENERATION of wonderful, talented singers. It’s a GREAT BLESSING to sing with these enthusiastic Artists who can make a great difference in the world with their bellowing voices. I watch every episode with great anticipation and I hope you will too! All the Artists create their own Magic with each song & emotions!

I also would like to share with you my real and Authentic physical & Spiritual SELF!!! I just want to BE TOTALLY and ALL OF what is TRULY ME! I hope you all can accept me as I AM, white hair with my cutey wrinkles! Lam really enjoys it cos now I can keep him COMPANY & look like TWINS! I don’t know where my WHOLE self will go from here.. but I’m really going to look forward to all the natural progressions my mind and body will be taking.. just like Mother Nature.. she accepts all that comes to her and embraces it all…just as it is!

I wonder if I can remotely understand the meaning of life by now? I want to TAP (THINK ACTPOSITVE) at all times making others HAPPY & be HAPPY to see others HAPPY! I understand there is NO RIGHT or WRONG in any of our actions whether positive or negative, but only the divine consequences of those actions we choose. I feel we are BLESSED to be here with a DIVINE PURPOSE which is to help ourselves & each other. To preserve and maintain this amazing PLANET & EARTH. To evolve ourselves, & each generation, so they can pass the baton and also evolve the Earth! I also feel we are definitely NOT ALONE! NEVER! We are always in the SOOTHING, EMBRACING arms of the Divine Source Universe, and when we feel we don’t know where to turn, PapaGOD is ALWAYS there for us, ready to give us whatever we want in the deepest of our hearts with the utmost sincerity. Everything we receive is in its Divine Timing, and Divine Perfection.

With that.. HAPPYNESS & GREAT HEALTH TO ALL OF YOU FOREVER AND ALWAYS and LOVE YOURSELF as well as LOVE ALL THOSE and EVERYTHING AROUND YOU! BELIEVE ME.. ALL WE HAVE and NEED IS LOVE!!!!

MUAH MUAH MUAH with 60 YEARS OF BLESSINGS! YEHHHHHH!!!!
ALL MY LOVE!! SALLY!!!

PS. I had a great wonderful party with best of FRIENDS TONITE❣️❣️ Came home and took some selfies to shock all of U❣️❣️ My HAPPY DECADE HAPPY 6💜 GIRL (⁉️) look❣️❣️ CHEERS EVERYONE❣️❣️❣️🌹🌹🧚🏽‍♀️🧚🏽‍♀️🧚🏽‍♀️

HI HI 快樂的 “TAP” 大家庭 ❣️❣️

已經很久沒有給大家寫信了，對此我深表歉意。不知道時間怎麼就這樣過去了!

我想在生命中這個非常重要和難忘的日子和大家分享一些想法和感觸 —— 今天我悠然邁入了以6字開頭的歲月!! ❤️ 大腦一片空白!!

我所能想到的是對上天，對你們每一位，對親愛的家人，對不可思議的朋友們 —— 對生命所贈與我的這一切 —— 所懷有的深深感激。我們所生活的星球如此美麗，實在有太多太多需要去感謝、感激，去敞開心扉擁抱。

60年過去了，我也曾經追逐過很多，在每月每週每日每分每秒中，經歷了生命可能賦予的幾乎所有激動和起落，而如今我意識到，自己真正渴望和想要的，只是一個簡單的微笑，溫暖，理解，一個暖心的擁抱，一通電話，或者現在更流行的，問好的一條短信.. 一個健康強壯的身體，很多很多笑聲，連結，交流，愛，愛，以及，愛。無論我們遇到怎樣的狀況 —— 下雨、雷電、抗議、疫情，一直要謹記於心的是，無論如何，這一切終將過去；在最困難或最開心的時刻，我們都能握住身邊人的手，並從中找到最大的安慰或共鳴。能得此幸運，在如此短暫的一剎，來到地球做她的尊貴旅客，我知道還有太多東西需要學習，感覺自己必須不斷學習成長，才能成為最好的自己。

我也意識到，出生的時候，我們需要很多愛，需要被餵食物，需要關懷、滋養、理解，需要很多幫助！變老後，我們也需要很多愛，需要被餵食物，需要寬容、耐心、理解，需要很多幫助！人生兩端的價值，並沒有任何分別。只有在中間段，我們能選擇如何去書寫屬於自己的，獨特的，精彩的，發自內心的故事；而也正是在中間段所做的選擇，決定了我們會有怎樣的人生。

生活可以，也確實是非常美麗的。我曾經所理解的美，對於現時的我而言，已經沒有了當初的意義。現在，我所抱持的真正的美，是內心的愛與美，以及令人驚嘆的大自然所賦予的，環繞著我們的一切。每個人都好似複雜精緻的手工藝品，雖然有著相同的身體特徵，但沒有一個人是另一個人的複製品。我們都有大腦可以思考，但每個人和其他人想的都不同。我們都有要走的人生之路，但每個人的道路各不相同。然而，大家又被如此精心地連結在一起，彼此的生活和行為交織在一起。我們採取的每一個行動，都不可避免地影響著他人，甚至影響著每一棵樹，每一朵花；影響著山、海、天空、雲朵、動物，和所有其他可愛生靈。我們是獨一無二的存在，有福氣擁有思考、講話和行動的能力。所以我感覺自己必須盡所能去致敬和珍視這份來自自然的特殊禮物。美深深根植於我們目光所及的每處。我將擁抱上天和世界贈與我的一切。

我很感激人生走到了這裡，健康，精神，頭腦和身體都很好。每一天對我來說都是驚喜。每一刻都是充滿祝福和神聖的。我將繼續以開放的心靈、開放的思想和開放的精神去過好每一天。我會盡力去把每天過到最好，儘管有時候也會感覺低落。我將享受優雅地變老，有意識地努力在每天做到自己的最好，也成為最好的自己，珍惜和照顧匆匆而過的每日，好似它們是稀有又美麗的珠寶；而其實，生命和地球也的確如此。

今天我會和我愛的家人們和朋友們一起度過。對的，一位有愛家人不在這裡，他在內地，現在有空休息一下，但一直都在非常努力地工作! 我為Lam 感到驕傲，因為大家都非常開心他有機會同新一代如此出色、才華橫溢的年輕歌手們分享他的音樂。與這些富有激情的藝術家們一起唱歌是一種巨大的幸福；年輕一代的歌聲將給這個世界帶來改變。每一期節目我都有充滿期待地觀看，希望你們也會看！所有的藝術家們都在用每首歌和感情創造著自己的魔法！

我也想和你們分享真實的自我——外在與內在，容貌及心靈!!! 我只想做完完全全的，真正的自己！希望你們能夠接受這樣的我，白頭髮，和可愛的皺紋! Lam 很喜歡我這樣，因為現在我可以和他作伴，我們看上去像雙胞胎! 我不知道我的整個自我會從這裡走向何方，但對接下來身心將會經歷的所有自然旅程，我真心期待… 就好像大自然一樣，她接受並擁抱一切如它們本初的樣子！

我好奇自己現在是否可以算作大概開始理解人生的意義呢？我想做TAP (THINK ACTPOSITVE)，隨時通過正面積極的思考和行動為他人帶去開心，而看到他人開心也會令我感到開心！我明白我們的任何行為，無論是積極或是消極的，都無關對錯；只是，不可避免的，選擇的行為都會帶來相應的結果。我感覺帶著神聖的目的來到這裡是一份福祉，而這個目的就是助人助己，是保護和維繫這個不可思議的星球，是持續進化發展自己和每一代人，這樣他們就可以繼續把進化地球的接力棒傳遞下去! 我也感覺到我們絕對不是孤獨的！從來都不是！我們一直都被上天撫慰著，擁抱在臂膀中。當感覺不知道如何走下去，上天總會在我們身邊，以最大的誠意給予我們內心深處最渴望的所有。我們得到的一切都有它神聖的時間表，都遵循著神聖的完美安排。

以上… 祝愿大家永遠幸福開心健康，愛自己，愛周圍的所有人，愛周圍的一切！相信我… 我們所擁有的和需要的一切，就是愛!!!!

MUAH MUAH MUAH with 60 YEARS OF BLESSINGS! YEHHHHH!!!!
ALL MY LOVE!! SALLY!!!

PS. 今晚我和最好的朋友們開了最棒的Party ❣️❣️❣️ 回到家後拍了幾張自拍，肯定會驚到你們 ❣️❣️❣️ 我的快樂第6個10年 💜 GIRL (⁉️) look❣️❣️❣️ 大家乾杯 ❣️❣️❣️🌹🌹🧚🏻‍♀️🧚🏻‍♀️🧚🏻‍♀️

Big warm thank you to all of you who contributed .. With the current restrictions pretty hard for these peeps to venture out. You guys just put a smile on their faces..

Big shout out to Abang Stanley Sie for pointing me to the right person to help arrange this 🙏🙏 the uberly awesome Abang Nd Murray who without conditions help organise these supplies .. please check out Nd Divers for more awesome initiatives that he has going .. true gem of a human he is .. can’t wait to collaborate..

Thank you to Abang Yusuf Yushima for making this possible and arranging the boats to the distribution ..

hanya Allah yang mampu membalas jasa jasa Abang Abang semua and all of you kind hearted peeps who chipped in to contribute

Missing paradise …. Can’t wait to feel the sand of the islands under my feet again …

🙏🙏🙏🙏🙏🙏

Disclaimer :

The photos of the people who received the package was not a part of the deal. As from the start of our project the 2 things that we did not want was

1. The receivers needing to know where did this help came from.

2. We did not require photo opportunity with the people who received our little gift.

However because of certain reasons of not wanting to create miscommunications n the wrong information being sent across on all parties. Abang Yusof insisted on showing where this help came from and to whom the gifts were given to..

The intentions through out the whole process is still clear and simple ..

I hope this could clarify anyone’s curiosity and if there are any more questions that comes up from this action ..

I apologise if this had made anyone uncomfortable 🙏🙏

Stay safe

Nd Divers

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”

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Cover & English Version by Step Up
Original Version: Jack & K-ICM
English lyrics: Hoang Dai
Vocalist: Thuy Duong
Cameraman: Phan Duy

Lyrics:

Verse 1:
Your life is painted by
The dusty arms you hide
Since your childhood when you’re small
Until you care no more
Nobody knows one day
The bird can fly away
Things can change and love can fade
Until we realize
I care so much for you
for your smoky eyes
That sweet scent that you left
Never seems to fade
It’s so hard to find the one for me
This world is wide, I miss you
Love birds still sing out there
But things go nowhere
I’m talking to the moon
Try to get you back
Look at this whole life
From up above
I ask myself if you’re here

Chorus:
My days were shined on but I need somebody with me
You have the light but it’s not here on me
But even if one day you lose your light
I’ll be here, no matter how it ends

Verse 2:
Ah, if you come back
I will send my thoughts away
I’ll let the wind blow all the worst out to the sea someday
I’d rather be some kind of dude that sacrifice all he’s got
Than to let you give up your own soul for the demons to rot
It’s all the same for both of us no matter who make the choice
Nothing changes any bit no matter why it’s unsaid
I’m so in love with all of you, no promises should be made
Out in the streets we ‘ll be together
I don’t care about “fate”

Pick up the flower
The way back home feels so sad
Won’t let you go away, baby baby baby where are you now?
Look back to the past
I ask myself why it’s so bad
I have to tell her: “Don’t you ever ever take a step”

Chorus:
My days were shined on but I need somebody with me
You have the light but it’s not here on me
But even if one day you lose your light
I’ll be here, no matter how it ends

Bridge:
Who will be here to care for me when you’re gone
Watching the river flows I feel torn
Will there be one last time
Oh, please stay
Holding this pain
The storm is coming soon

Chorus:
My days were shined on but I need somebody with me
You have the light but it’s not here on me
But even if one day you lose your light
I’ll be here, no matter how it ends

Outro:
One is still here, one is now so far away
Let’s drink the pain
Don’t care how it tastes, I just feel the empty streets
Remember when
Now I’m missing you
And the things that we’ve been through, they mean nothing
Take a step behind
Nothing’s worse than my whole life
It hurts inside

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