又到了早起念英文的時間囉!各位娘子軍們準備好了嗎?大家的孩子今天應該都去補課了吧!感謝早起上學的老大,順便也讓我達成早起念英文的第三天,今天就帶大家來唸一篇跟行銷相關的文章吧!
5 no-nonsense ways to improve the relationship between marketing and sales
不說廢話的五個改善行銷與銷售業務之間關係的方法
no-nonsense 嚴肅的;實際的;不說廢話的
You’ll read everywhere on LinkedIn and Twitter about the importance of cross-collaboration between marketing and sales teams, but is any work actually getting done to make improvements?
LinkedIn跟 Twitter 上到處都可以看到行銷部門與銷售業務團隊兼跨部門協作的重要性,但有任何工作真的改善了嗎?
cross-collaboration 跨越(部門、領域)協作
A poll by LinkedIn revealed that only 46% of marketers describe sales and marketing as “highly aligned.”
根據LinkedIn的一項民意調查顯示,只有百分之四十六的行銷人描述銷售跟行銷高度一致。
Poll 民意調查 align對齊;一致
Despite a shared objective for gathering and converting more leads into long-lasting customers, this collaboration issue stems from a few different causes:
儘管有著收集更多潛在客戶並將其轉化為長期客戶的共同目標,但這種跨部門協作問題來自於幾個不同的原因:
despite儘管 shared objective共同目標 gather收集 convert轉化
long-lasting長期的 stem from源自於
• Each department works in silos and there’s little to no communication between them.
每個部門都各自為政,彼此之間幾乎沒有交流。
silos 穀倉 (商業用語中指各機構沒有做好溝通交流)
• The marketing team is expected to create and tweak the brand’s assets without any feedback from sales.
行銷團隊可預見要在沒有人任何銷售反饋的狀況下創建或調整品牌資產
• Sales are expected to convert more, even if they aren’t receiving quality leads from marketing.
業務部門要轉換更多(訂單、客戶),即使他們並沒有從行銷部門取得有品質的潛在客戶或線索
By working together even incrementally better, both teams can see huge gains, like up to 209% more revenue, improved morale, and faster .
Let’s look at five no-nonsense tips to try in your organization.
即使一起工作能逐漸地改善,兩個部門都能夠看到具體的收穫,像是提昇209%的收入、提升士氣以及更快的銷售週期。
我們還是來看看五個實際可以在組織中嘗試的方式。
這篇有點難(對我而言啦!哈哈哈)
不過主要是在講公司裡面的行銷及業務部門要怎麼跨部門合作可以讓公司的營收更好,行銷主要做的事情是長期及潛在的客戶經營或品牌的管理營運,業務部門則是負訂單的即刻銷售,都是公司很重要的部門,配合得好可以讓公司的行銷成本降低、銷售的循環更好。
本篇是很實用的文章喔!跟大家分享~
#原文連結
https://blog.close.com/improve-marketing-sales-relationship/
#翻譯參考
Google翻譯
劍橋翻譯
收工來去補眠囉!
#圖文一定要不符的啊
#貝貝那麼可愛
同時也有2部Youtube影片,追蹤數超過2萬的網紅Jing Jing Beh 妗妗,也在其Youtube影片中提到,#penanghokkien #stigmacampaign STIGMA CAMPAIGN - organized by final year students majoring in Persuasive Communication from the School of Communicati...
「importance of communication」的推薦目錄:
- 關於importance of communication 在 Facebook 的最讚貼文
- 關於importance of communication 在 林郁晉- Yu Jun LIN Facebook 的精選貼文
- 關於importance of communication 在 江魔的魔界(Kong Keen Yung 江健勇) Facebook 的最佳貼文
- 關於importance of communication 在 Jing Jing Beh 妗妗 Youtube 的最佳解答
- 關於importance of communication 在 WE5-Shibaland Youtube 的最佳解答
- 關於importance of communication 在 Communication - Basics and Importance - YouTube 的評價
importance of communication 在 林郁晉- Yu Jun LIN Facebook 的精選貼文
《 #籠罩下的巨大哀愁 》
正式開展啦~
歡迎各位到台北當代藝術館
/
詳細資訊|https://reurl.cc/bXy09v
________________________________________________
A Dark Cloud of Sorrow Looms Over
by Yu-Jun LIN
Late mornings and sleepless nights. Frustration. Anxiety.
They seem to have infiltrated our consciousness and entered our dreams. We recognize the shape of eaves, the folding line of streets, and return to our dwelling coordinates where we hide and live. We see restless men and women in full feather wandering through the brightly-lit city and then sitting shoulder to shoulder with countless strangers, between countless walls.
In the 1970s, urbanism started paving its way into Taiwan. Bidding farewell to the landscape of an agricultural society, life thus became crowded and repressive in cities. The meaning of “urbanism” does not merely lie in towering skyscrapers but in altered landscapes, living conditions, isolation and loneliness as well as increasingly complex social issues. Submerged in the capitalist system, every person has been assumed as a tiny component, whose labor force is needed by the whole mechanism, but not with one’s individuality as well.
However, the construction of liberalism constantly reminds us of our own subjectivity, along with the importance of being viewed as a whole. Such contradictory values leads to extreme unease and confusion that keeps building up and ceaselessly floods our minds with external chaos. As worries that never subside loom over us, we are forced to retreat to our dwellings, where we are perfectly alone, and safe. We can uninhibitedly be ourselves – yet under the lingering dark cloud of sorrows.
Frustrating questions as “Who am I?” seem to return in lonesome nights, invariably. When night falls, myriads of dazzling lights glisten in innumerous windows at the near distance. Gazing into the dreamlike, transient light, we recall things we hope to seal for good in our troubled mind. We question again and again, about what role we should be playing to integrate into the society but still maintain the integrity of our own subjectivity.
A Dark Cloud of Sorrow Looms Over features eight selected pieces and delineates the question of how people, as individuals, should coexist with others, a question deriving from urbanites’ perceptual conflicts experiences.
Zheng Er Qi | People
“People” mirrors the phenomenon of Taiwan’s transition from being an agricultural society to city since 1970. It precisely portrays everyday urbanity that people nowadays are familiar with: Although millions of people reside on one spot, their recognition of one another fails to grow with urbanization, despite the presumable nearness.
Chung Chih Ting|I Am by Your Side
With the explanation by an offscreen sound and the roleplay image, “I Am by Your Side” depicts how urbanites try to be in company, revealing people’s natural urge for social connection. Yet it ends up to be talking to oneself or pointless mumbles, simply a futility of communication.
Wu Bo Sian | Chimps with Mona Lisa’s Smile
In the video, the chimpanzees form a spectacle, say, abnormality, in a seemingly normal context. “Chimps with Mona Lisa’s Smile” is a response to conflicts between public administration and individual freedom, zooming in on the contradictions or constraints between all the intervenable and the non-intervenable in everyday scenes.
Wang Ding Yeh | One-One
“One-One” depicts how people try to maintain an intact, rational space of survival while sometimes fail to avoid transgressing, under limited resources in a highly competitive society. With much precision, it captures the specific default interpersonal distance, and poses the question: How should each person navigate to find the best living posture at the moment?
Tsai Jie | When the Dust Settles
“When the Dust Settles” shows people restlessly beating on a possible exit to get out. However, does such an exit really exist? Or is it simply a delusion stemming from one’s untamable impetuosity? The work reflects the desolation of men and women, who are rumbustious, but aimless.
Huan Yen Chiao | 1, 2, 3. Are You Already in Hiding, Fish?
Fish in the bowl resembles people trapped in cities: extravagant outfits, splashing neon lights; sensational visual effects indeed. “1, 2, 3. Are You Already in Hiding, Fish?” presents how people escape from their anxiety and weariness for the time being. The work highlights the entire incompatibility and a sense of solitude after one’s subjectivity is highly developed.
Wong Shu Lian | I found myself floating and sinking down once in a while
The work addresses the enduring controversy between liberalism and capitalism that have been engendering people’s inner conflicts. It captures one’s self-doubt and angst in a profound way while, by exploring how to determine one’s best position, raises the ultimate question – Who are we after all?
Chen Chia Jen | SWEETWATER
“SWEETWATER” was born under Chen’s reflections during his artistinresidence experience in Southeast Asia. Between people living in urban and rural areas, there is a grand difference of perspectives, regarding how to survive and live a good life. It implies the fact that the widely-recognized future image, constructed by our society, might not be as clear or real as it seems, or perhaps what people accepted is simply a vague, even somehow out-of-focus, prospect.
_____________________________
《籠罩下的巨大哀愁》展覽資訊
展覽日期|2021/08/07(Sat.) ─ 09/12(Sun.)
展覽地點|台北當代藝術館廣場電視牆 MoCA Plaza LED TV Wall
播映時間| Mon. ─ Sun. 16:00-21:00
特別感謝| 贊助單位
厭世會社 @mis.society
#王鼎曄 #吳柏賢 #陳嘉壬 #黃彥超 #黃淑蓮 #蔡傑 #鄭爾褀 #鍾知庭 #林郁晉 #A_Dark_Cloud_of_Sorrow_Looms_Over
#MisanthropeSociety厭世會社
#厭世會社
importance of communication 在 江魔的魔界(Kong Keen Yung 江健勇) Facebook 的最佳貼文
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”
importance of communication 在 Jing Jing Beh 妗妗 Youtube 的最佳解答
#penanghokkien #stigmacampaign
STIGMA CAMPAIGN
- organized by final year students majoring in Persuasive Communication from the School of Communication, Universiti Sains Malaysia
- to spread awareness among the society about the issues and dilemmas faced by addiction survivors and to encourage the public to accept them as a part of the society members
Past Events
- I'M AWARE, I CARE (Giveaway Contest)
- SCARS OF THE VOICELESS (Webinar featuring EZAD LAZIM)
- Think About It (Poster Competition)
- Words Change Everything (Video Competition)
Closing Ceremony
- 9th of January 2021, Facebook Live @ 10.00 AM until 12.30 PM
- includes a forum titled ‘A Journey to See Wider, Think Deeper’ featuring President of Pengasih Malaysia, Tuan Hj. Ramli Abdul Samad, a doctor from Klinik Palani, Dr Dhanaventhan Raman and the Project Director of STIGMA, Nur Karimah Binti Kaswan
- Participate in this forum to gain a deeper understanding of the issues and dilemmas faced by addiction survivors and understand the importance of public accept them back as members of the society.
- prize giving ceremony with many interesting prizes
- video screening of social experiment and more
Dare Dare Press ⬇️ More info
https://www.instagram.com/stigma.usm
********************************************************
Talent 演员:
Jing Jing 妗妗
https://www.instagram.com/jingjingbeh
How to speak Penang Hokkien? 如画讲槟城福建话?
https://www.youtube.com/playlist?list=PLfRlIk28_INunK5BfN4foae9C2hmxgT5t
Jing Jing Challenge 挑战
https://www.youtube.com/playlist?list=PLfRlIk28_INtvKfWE6R0LfpEx2RNesVql
importance of communication 在 WE5-Shibaland Youtube 的最佳解答
Grandpa的”Cesar’s Recruit Asia”分享
(本來想轉在YouTube連結,但部份國家未能收看)
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2016年,從街坊的口中得知有一個由Cesar Millan在亞洲區舉辦的狗狗訓練比賽。而當時正在帶着?????在街邊擺檔賣故事書的我,亦每日給別人分享教養狗狗的種種,正正覺得這是一個好機會去見識學習!
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比賽的規則是要在亞洲區挑選一些不在職訓練狗狗行業,但又略懂訓練狗狗的朋友參加,作為馴犬師學徒(但原來除了我以外其他參加者全部都是專業的?),所以覺得很適合,馬上便報名了,監製從美國飛過來香港面試,很幸運,最後被選中了!我從未有學過訓練狗狗,其實連Cesar的名字也只是聽過一兩次,報了名以後,便開始觀看他在YouTube上訓練狗狗的影片,跟着便去比賽了。老實說,過去那麼多年,5?在我報名比賽前都是拖着我在前頭走的,為了實驗/學以致用,用了幾天時間教導他們5個走在我旁邊,散步真的輕鬆多了!
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第一次的我,真的是用人家的狗狗教飛,看了兩個星期的影片就去教人家的狗,非常緊張,所以都忽略了與狗狗家長溝通的重要性。拍攝過程中,學懂了很多東西,認識了很多新朋友,最緊要的是啟發了我的思考!比賽過後,我開始免費替其他狗狗家庭訓練狗狗,更將過程拍成短片上載社交平台給大家分享;及後,開始想得更多,繼認識了台灣的10年救狗大善人Mary,吸收到比賽的啟發,我開始建構出一套自己教養狗狗的邏輯思考、與及多角度看事情的理論;我覺得訓練狗狗只可以幫助少數家庭,如果狗狗家長從我製作的邏輯理論影片有所領悟,以後對狗狗行為多加留意,便未至於會導致狗狗咬人的後果;所以我盡心在源頭出發,希望透過我每日在街上跟大家的分享/社交平台的posts,希望改變大家對狗狗問題的看法,希望可以早日達致人狗共融、人人和諧的美麗畫面!
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Grandpa’s “Cesar’s Recruit Asia” Experience
(Supposed to share the video link, but some countries ain’t available to watch)
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In 2016, Me & ????? were selling our story book on the street, meanwhile, I shared a lot of my Dog Training Knowledge & Animal Messages to whoever we met everyday. Heard from our neighbor one day, Cesar was handling a dog training competition in Asia, can’t agree more that’s a great chance to learn something there.
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The competition was about to look for people they don’t work in dog training field but knew a bit how to maintain dogs as apprentice (I just found actually apart from me, they’re all professionals ?). I sent the application, and soon the producer flied to HK to interview, luckily I was the only one recruited from HK eventually. Indeed, I did not study dog training, neither hear the name Cesar that much before I applied. Thus, I started watching Cesar’s videos on YouTube for 2 weeks before competition, and I spent few days to try train my pack to walk by my side since they were always walking in my front previously lol!
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During the filming days, I was too nervous, I focused too much on dog training but neglected the importance of Human Communication. I made new friends there, I learnt a lot from Cheri and Cesar. After the competition, I started training dogs for some families for free and got these filmed and posted. Besides, getting inspired by the competition, I then started organizing my Dog Training Philosophies & Multi-Perspective Logical Thinkings step by step. I train dogs, I may help few families. In the case I focus on the source of the problem-Humans, what if dog owners/public they get inspired from my messages, they may pay more attention to their dogs’ behaviors, then they might not have a he/she bite as a consequence. Via my shares to people we meet everyday on street and social media posts, we hope to change Humans associations dogs, I hope ????? could speak for other dogs, in order to achieve the ultimate goal: “Social Harmony in between Humans & Dogs, and Humans among Humans”.
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#WE5 #Shibaland #Shibainus #GrandpaDogTraining
#舊城中環 #多尊重少包容 #深度遊 #互相尊重 #文明旅遊 #柴犬
#我們鼓勵人與人之間應該多聯繫
#拍照前請先打招呼詢問一下哦
#拍照前請先注意交通安全哦
#狗狗上廁所時請不要拍照哦
#我清理和拿著狗狗便便時請不要拍照哦
#摸狗狗前請先問一下哦 #Grandpa狗噏
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#OldTownCentral #MutualRespect
#WE5ShibaFamily #shibas #DiscoverHongKong
#GrandpaPhotoGraphy
#NikonHongKong #cesarsrecruitasia
importance of communication 在 Communication - Basics and Importance - YouTube 的推薦與評價
Communication - Basics and Importance. 92,959 views92K views. Aug 26, 2020. 1.1K. Dislike. Share. Save. Curriculum Wadhwani. ... <看更多>