關於 chinese new year word ，我們在網路上蒐集到這些相關的討論、資訊與評價

Asian-Americans Are Being Attacked. Why Are Hate Crime Charges So Rare?

On a cold evening last month, a Chinese man was walking home near Manhattan’s Chinatown neighborhood when a stranger suddenly ran up behind him and plunged ( ) a knife into his back.

For many Asian-Americans, the stabbing ( ) was horrifying, but not surprising. It was widely seen as just the latest example of racially targeted violence against Asians during the pandemic.

But the perpetrator ( ), a 23-year-old man from Yemen, had not said a word to the victim before the attack, investigators ( ) said. Prosecutors ( ) determined they lacked enough evidence to prove a racist ( ) motive ( ). The attacker was charged with attempted murder, but not as a hate crime ( ).

The announcement outraged ( ) Asian-American leaders in New York City. Many of them protested ( ) outside the Manhattan district attorney’s office, demanding that the stabbing be prosecuted as a hate crime. They were tired of what they saw as racist assaults being overlooked ( ) by the authorities ( ).

The rally ( ) reflected the tortured ( ) public conversation over how to confront ( ) a rise in reports of violence against Asian-Americans, who have felt increasingly vulnerable ( ) with each new attack. Many incidents have either not led to arrests or have not been charged as hate crimes, making it difficult to capture with reliable data the extent to which Asian-Americans are being targeted.

That frustration erupted on a national scale ( ) this week after Robert Aaron Long, a white man, was charged with fatally shooting eight people, including six women of Asian descent ( ), at spas in the Atlanta area on Tuesday night.

Other incidents that clearly seemed racially motivated have not resulted in arrests. The police are still searching for a man who called an Asian-American mother the “Chinese virus” and spat ( ) at her child in Queens last week.

In New York State, to charge ( ) such attacks as hate crimes, prosecutors would need to show that the victims were targeted because of their race.

But proving a racist motive can be particularly difficult with attacks against Asians, experts say. There is no widely recognized symbol of anti-Asian hate comparable to a noose ( ) or a swastika ( ). Historically, many Asian crime victims around the country were small-business owners who were robbed, complicating ( ) the question of motive.

Under New York State law, certain offenses can be upgraded to hate crimes, increasing the potential prison sentence ( ). As evidence, prosecutors often point to hateful verbal statements or social media posts by the defendant ( ).

In the past month alone, several assaults ( ) on Asian victims have been reported to the police, including an attack on an older woman who was pushed outside a bakery in Queens. None of the incidents has been charged as a hate crime.

In fact, the only person who has been prosecuted for an anti-Asian hate crime in New York City this year is Taiwanese. He was accused of writing anti-Chinese graffiti outside several businesses in Queens.

Wayne Ho, president of the Chinese-American Planning Council, a social services agency, said many of his Asian colleagues were verbally harassed ( ) during the pandemic but chose not to alert law enforcement because they worried the perpetrators, who were often people of color, could be mistreated ( ) by the police.

“I asked myself, do I want this person in jail?” said Alice Wong, one of Mr. Ho’s colleagues. “Just because you put someone in jail doesn’t make them not hate anyone anymore.”

Recognizing ( ) this challenge, some law enforcement officials have called for people who commit hate crimes to attend antiracism classes as an alternative ( ) to prison.

為何針對亞裔的暴力襲擊難以被控仇恨犯罪？

上月一個寒冷的晚上，一名華裔男子在曼哈頓中國城社區附近步行回家時，一個陌生人突然跑到他身後，把刀刺進他的後背。

對許多亞裔美國人來說，這起事件令人驚恐，但並不意外。人們普遍認為，這只是在疫情期間針對亞裔的種族暴力的最新例子。

但調查人員表示，行兇者是一名23歲的葉門男子，他在襲擊前沒有對受害者說過一句話。檢察官認為缺乏足夠的證據來證明種族主義動機。襲擊者被指控謀殺未遂，而不是出於仇恨犯罪。

這一聲明激怒了紐約市的亞裔美國人領袖。他們中的許多人在曼哈頓地區檢察官辦公室外抗議，要求以仇恨犯罪的罪名起訴。他們厭倦了他們眼中的種族主義攻擊被當局忽視。

這次集會反映了對於如何應對暴力侵害亞裔美國人的報導增多，公眾開始了痛苦的討論。每一次新的襲擊都讓亞裔美國人感到越來越脆弱。許多事件要不是沒有逮捕任何人，就是沒有被指控為仇恨犯罪，因此很難用可靠的數據來了解亞裔美國人在多大程度上成為攻擊目標。

在白人男子羅伯特•亞倫•朗(Robert Aaron Long)被控週二晚在亞特蘭大地區的水療中心開槍打死八人（其中包括六名亞裔女性）後，這種不滿情緒本週在全國範圍內爆發。

其他明顯帶有種族動機的事件並沒有導致逮捕。目前警方仍在搜尋一名男子，此人上週在皇后區稱一名亞裔美國母親為「中國病毒」，並向她的孩子吐口水。

在紐約州，要指控此類襲擊為仇恨犯罪，檢察官需要證明受害者是因其種族而成為攻擊目標。

但專家表示，在針對亞裔的攻擊中，證明種族主義動機可能特別困難。沒有一種被廣泛認可的反亞裔仇恨象徵可以對應套索或納粹符號。歷史上，全國各地的許多亞裔犯罪受害者都是被搶劫的小商店業者，這使得動機問題變得更加複雜。

根據紐約州的法律，某些犯罪行為可以升級為仇恨犯罪，從而增加潛在的監禁刑期。作為證據，檢察官經常指出被告充滿仇恨的口頭聲明或社群媒體發文。

僅在過去的一個月中，警方就接到了數起針對亞裔受害者的襲擊報告，其中包括在皇后區一名老年女性被推出一家麵包店。沒有任何事件被指控為仇恨犯罪。

實際上，紐約市今年因反亞裔仇恨罪被起訴的唯一一人是台灣人。他被指控在皇后區的幾家商店外塗鴉反華內容。

社會服務機構華裔美國人規劃委員會(Chinese-American Planning Council)主席韋恩•何(Wayne Ho)表示，他的許多亞裔同事在疫情大流行期間受到了口頭騷擾，但他們選擇不向執法部門報告，因為他們擔心騷擾者（通常是有色人種）可能會受到警方的虐待。

「我問自己，我想讓這個人進監獄嗎？」韋恩•何的同事愛麗絲•黃(Alice Wong)說。「把一個人關進監獄並不會讓他們不再憎恨任何人。」

認識到這一挑戰，一些執法官員呼籲犯下仇恨罪行的人參加反種族歧視課程，以替代坐牢。

#高雄人 #學習英文 #多益達人林立英文
#高中英文 #成人英文
#多益家教班 #商用英文
#國立大學英文學系講師

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”

今年的白沙屯媽祖我也參加啦！不過今年的行程跟之前完全不一樣！因為拍攝大甲媽祖用了一整天走路，皮膚都曬傷了很嚴重，我隔天沒有體力等到半夜一點的起駕遶境. 所以我做了什麼呢？我進去山邊媽祖支持所有準備遶境的虔誠信徒！

為了幫助我加拿大好朋友瞭解媽祖我教他一個字「無私」- 我最喜歡媽祖文化就是因為大家完全無私，這就是宗教的目的！真的很美！今年為了讓朋友體驗媽祖無私的奉獻，我們與「順天堂」SUN TEN 合作來發給山邊媽祖的人群美食跟飲料！

我個人非常在乎我天天吃什麼食物，不亂吃也不吃不需要的東西. 我最近也在學習一些關於中藥的知識，覺得越來越厲害！順天堂當天提供給我們發的產品都是非常健康的食物，希望能給大家補充體力遶境，真的很貼心喔！今年順天堂也讓我一起發他們的新產品，米漿餅乾（花生芝麻一口小米香）！很期待這個禮拜跟你們分享這個影片！

Believe it or not, this year I also attended Miaoli’s Baishatun Mazu Pilgrimage! Truth be told, due to a whole day of walking and soaking up the blistering sun to film Dajia Mazu, the next day I was a wreck! There was no way I could stay up until midnight for Mazu to start her pilgrimage or even join a few days later. I decided to change my plans and enjoy the day at Shanbian Mazu!

It was my goal this year to teach my great friend Cole about Mazu, and I summed it down into one word: Selflessness. Everything about the Mazu culture is looking outwards, that is the beauty of it! This year to show Cole the selflessness of the Mazu culture we decided to give back! We paired up with Sun Ten and passed about amazing refreshments to the crowds!

I care about what food I consume, no junk food or no eating things I don’t need. I have also been learning about Chinese Medicine and find it really intriguing. Sun Tun provided us with products made with Chinese Medicine that are very healthy and are designed to give energy to those who are participating in the pilgrimage. Incredibly thoughtful of them! This year they even let me give out their new product, Mijiang Cookies (peanut and sesame flavor small rice crackers)! I look forward to sharing this video with you this week!

Campaign : Blissful Together
Brand : Auntie Anne's Malaysia
Marketer : Dickson Chai
Agency : Nil

PROBLEM
Auntie Anne’s is a well-known International Brand from U.S.A specializing in baked soft pretzels. The first outlet arrived at Malaysian shores 25 years ago and has since experienced continuous growth in both outlets and customer base.

Sales during the Chinese New Year festive period (January to February) are typically non-peak season with lower-than-average volumes.Malaysians from city areas (where the majority of Auntie Anne’s outlets are located) back to their respective hometowns in sub-urban or rural areas to spend time with the family, traditionally the week preceding and during Chinese New Year. This leads to lower footfall at shopping areas and malls during this window, generating lower transactions.

Auntie Anne’s devised a breakthrough strategy to increase brand presence, awareness and drive customers’ visitation to outlets when doing shopping in malls.

SOLUTION
The campaign’s concept – “Blissful Together”, inspired by “福” (Blissful) – a word commonly used during Chinese New Year seasons which means good wishes and also represents the joy and festive mood associated with Chinese New Year. Creatively combined the brand logo with the word “福”, fusing a Western brand with iconic traditional Chinese element, to become the central art of the campaign, making all customers felt like enjoying a piece of Auntie Anne’s means receiving a “Blissful” wishes from the brand during Chinese New Year.

Campaign’s target audience was Malaysians of all races, all ages, including new and repeat customers.

Auntie Anne’s used an integrated approach to maximise reach and engagement of target audience via relevant touch-points.

Packaging: All packaging were changed into a couplet-like design with Auntie Anne’s version of “福” (Blissful) word on it, spreading the “Blissful” experience to every customer who visited Auntie Anne’s throughout the period.

In-store promotional items: Utilized all potential spaces and real estate within each outlet to display campaign-related in-store items. All collaterals strongly presented the Auntie Anne’s version of “福” (Blissful) word and functioned like couplets display at outlets.

Promotion Scheme: 3 promotional sets and used different “Blissful” levels to represent different promotional sets: i. “So Blissful” – RM8.50 (Original Stix + Any Pretzel) , ii. “More Blissful” – RM9.50 (Cinnamon Stix + Any Pretzel) , iii. “Very Blissful” – RM10.50 (Choco Eclairs Stix + Any Pretzel).

Social Media: Consistent postings highlighting the couplet-like design packaging to bring up the festive mode among audience as well as a reminder to loyal fans and potential customers throughout campaign period.

DELIVERY
On ground:
All Auntie Anne’s outlets turn into “Blissful” outlets by displaying all “Blissful Together” theme promotion materials.

All outlet staffs strongly promote “Blissful” promotion set items with use of “Blissful” name for promotion items: “So Blissful”, “More Blissful” and “Very Blissful” instead items’ original names during the campaign.

Only “Blissful” design packaging was used during the period to pack every product sold.

On line:
The campaign was announced through Facebook and Instagram page by changing the profile photos to display Auntie Anne’s version of “福” (Blissful) word and followed immediately by promotion information post on 1st day of campaign. Facebook and Website landing page cover pictures were changed to “Blissful Together” campaign key visuals to be consistent with the “Blissful” decoration displayed at physical outlets.

1 social media posting was made on Facebook and Instagram platforms on average, every 2.5 days, about “Blissful Together” campaign to maintain the campaign hype and momentum.

PERFORMANCE
Successfully spread “Blissful” wishes to more than 945,000 customers with more than 1,790,000 “Blissful” packaging handed out together with the products sold – exceeding the sales made last year for same period by more than 41,000 units.

A growth in Revenue of 5.6% and growth in number of transactions by 2.7% during the Chinese New Year period compared to last year. Average spending per transaction increased by 2.8% showing the direct impact of the promotional set items sold which encouraged customer’s higher spending or more quantity purchase per transaction.

“Blissful Together” postings gained total of 42,622 reached with in Facebook fan page and 20,438 reached in Instagram during campaign period with ZERO advertising budget. “Blissful Together” first day posting achieved 5% engagement rate which was higher than industry benchmark (3-4%).

Campaign successfully created a new mindset of inclusivity, reminding that festive seasons such as the Chinese New Year can be celebrated by all races through the concept of blending a western international brand with traditional Chinese culture to symbolize joy and fortune during Chinese New Year.

單字倍增法 - 複合字 45 (English compound words.)
每天學習50個英文單字，一年就可以學習超過15000個英文單字。學習中文也是相同。
If you learn 50 English words a day, you can learn more than 15,000 English words a year. The same as Chinese.

若是喜歡此頻道請按訂閱，並按下小鈴鐺，有新的影片就會自動通知您。
If you like this channel, please click on the subscript button and press the bell beside. Any new video will automatically notify you. Thanks.

#Compound_words #英文 #複合字

Want To Speak English Fluently? STOP Saying These 5 Phrases Immediately! If You Want To Practice Your Reading Skills Too, Click Here And Get Dan's NEW Book, Unlock It, For Success & Wealth: http://5englishphrases.danlok.link

When Dan moved to Canada as a young kid, he couldn’t speak a word of English. But today, he impacts tens of millions of people using the English language. How did he improve his English fluency, and how can you do it too? Watch this video now, as Dan shares 5 phrases you should stop saying immediately.

? SUBSCRIBE TO DAN'S YOUTUBE CHANNEL NOW ?
https://www.youtube.com/danlok?sub_confirmation=1

Check out these Top Trending Playlists -
1.) Boss In The Bentley - https://www.youtube.com/playlist?list=PLEmTTOfet46OWsrbWGPnPW8mvDtjge_6-

2.) Sales Tips That Get People To Buy - https://www.youtube.com/watch?v=E6Csz_hvXzw&list=PLEmTTOfet46PvAsPpWByNgUWZ5dLJd_I4

3.) Dan Lok’s Best Secrets - https://www.youtube.com/watch?v=FZNmFJUuTRs&list=PLEmTTOfet46N3NIYsBQ9wku8UBNhtT9QQ

Dan Lok is a Chinese-Canadian business magnate and global educator known for being the founder and chairman of Closers.com - the world’s #1 virtual-closers network, Copywriters.com, and SalesCalls.com. Beyond his businesses, Mr. Lok has led several global movements to redefine modern education where he has taught individuals from 150+ countries to develop high income skills and financial confidence.

Beyond his success in business, he was also a two time TEDx opening speaker. An international best-selling author of 12+ books. A member of Young Presidents Organization (YPO) - a private group of global chief executives whose companies employ 22 million people and generate 9-trillion USD in annual revenues. He also hosts The Dan Lok Show - a series on elite business tycoons and world-leading entrepreneurs.

Today, Mr. Lok continues to be featured in thousands of media channels and publications every year and is widely seen as one of the top business leaders by millions around the world.

If you want the no b.s. way to master your financial destiny, then learn from Dan. Subscribe to his channel now.

★☆★ CONNECT WITH DAN ON SOCIAL MEDIA ★☆★
YouTube: http://youtube.danlok.link
Dan Lok Blog: http://blog.danlok.link
Facebook: http://facebook.danlok.link
Instagram: http://instagram.danlok.link
Linkedin: http://mylinkedin.danlok.link
Podcast: http://thedanlokshow.danlok.link

#DanLok #EnglishFluency #English

Please understand that by watching Dan’s videos or enrolling in his programs does not mean you’ll get results close to what he’s been able to do (or do anything for that matter).

He’s been in business for over 20 years and his results are not typical.

Most people who watch his videos or enroll in his programs get the “how to” but never take action with the information. Dan is only sharing what has worked for him and his students.

Your results are dependent on many factors… including but not limited to your ability to work hard, commit yourself, and do whatever it takes.

Entering any business is going to involve a level of risk as well as massive commitment and action. If you're not willing to accept that, please DO NOT WATCH DAN’S VIDEOS OR SIGN UP FOR ONE OF HIS PROGRAMS.

This video is about Speak English Fluently - STOP Saying These 5 Phrases
https://youtu.be/ApsY78rVF7A
https://youtu.be/ApsY78rVF7A