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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”
learn chinese app 在 Facebook 的最讚貼文
1.國外8個受歡迎的兒童居家健身YouTube頻道
https://www.everydayweplay365.com/single-post/2020/04/03/PEathome2?fbclid=IwAR3Rn79IzzOU2U9SuoyNC_VsKsTuPHlqqLPw4TqrQmy5A3n25PS0Qvgn1JI
跟著youtube一起健身
https://www.youtube.com/watch?app=desktop&v=u_TrbTwiK6c&feature=youtu.be&fbclid=IwAR1oD37kih7bA0wJxTBELFv6SZi3ImhHZA2C4bRR1uCTP0fFck_q47dBCtw
2.免費著色畫圖紙
https://topcoloringpages.net/
https://www.crayola.com/featured/free-coloring-pages/
http://www.coloring-book.info/coloring/
https://kodomoe.net/picturebook/30026/......
https://www.readbrightly.com/eric-carle....../......
https://drive.google.com/file/d/1PWRIvKD8cHBZdDt3h9X2Bp18we_xzwNy/view?fbclid=IwAR3dBCRSVIBGyVNbQUibsNI_1QnwxS6XgGv15zxakdpCujbFDmvBDeVWCXA
https://www.thepurplepumpkinblog.co.uk/printables/peppa-pig/peppa-pig-colouring-pages-free-printables.pdf?fbclid=IwAR2EXXaLFQDHsNs6AiQWZuOvLwsPQc48S4GZEmJ1ZomaN5-ce3WOiQTZ0B4
3.美國nasa官網,八大行星著色紙,還有一些影片可以看
https://spaceplace.nasa.gov/coloring-pages/en/
youtube 頻道聽故事(中英)
https://www.youtube.com/channel/UCNEAjRXzNApfUeSi6tSXesg/playlists
https://www.youtube.com/channel/UCEGdohZYZ9lf8htiogEEu7w
https://www.youtube.com/channel/UCvQagFNHMrGgQpYunk4rHXg
把玩具冰進冰塊,讓小朋友來解救
https://kknews.cc/baby/yyb3knj.html
臉書大神媽媽們,分享在家可以做什麼:
https://www.facebook.com/inquiringabouttheworld/
https://www.facebook.com/Jstiltedlens/
https://www.facebook.com/kiddosfunlab/
4.推廣閱讀---看不完的電子書步驟
網路申請辦理台北市圖書館圖書證(不用繳費)
https://book.tpml.edu.tw/webpac/registration.jsp
用帳密進入台北市立圖書館
https://tpml.ebook.hyread.com.tw/index.jsp
開始看電子書
5.未來少年提供免費100期線上閱讀唷
📘《未來兒童》➡️ bit.ly/3bx0qtl
📗《未來少年》➡️ bit.ly/3btoVr9
6.說故事podcast免費資源
https://www.facebook.com/readwithmissj/posts/300928718341850?comment_id=300931755008213¬if_id=1621227141965797¬if_t=feed_comment&ref=notif
LIS情境科學教材
https://www.youtube.com/channel/UCEjSMfRDks28MYaJ4iPkQMQ
PanSci 泛科學
https://www.youtube.com/channel/UCuHHKbwC0TWjeqxbqdO-N_g
啾啾鞋
https://www.youtube.com/user/chuchushoeTW
佑來了
https://www.youtube.com/user/cutejyjyme
大膽科學 - What If Chinese
https://www.youtube.com/channel/UCIG_f_x7GlHsLy18rkDUNrg
數感實驗室Numeracy Lab
https://www.youtube.com/channel/UC_vW48pRsAdM72Px8lr5w0Q
7.🎨繪本作者🎨
👉Eric Carle 最受歡迎的卡爾爺爺
https://eric-carle.com/resources/downloads-and-activities/
👉Todd Parr 最充滿正能量的Todd Parr
https://www.hachettebookgroup.com/landing-page/todd-parr-fun/
👉👉Pete The Cat 永遠正向思考的皮皮貓
https://www.petethecatbooks.com/activities/
👉Steve Antony
🐼Please, Mr. Panda🐼
最有禮貌的熊貓先生
http://kids.scholastic.com/kids/books/mr-panda/
🍌Betty Goes Banana🍌
https://www.steveantony.com/betty-goes-bananas-art-activity-draw-betty
👉Mo Willems
幽默風趣地Mo Willems,提供大小讀者好多好多學習單,超棒的👍
http://www.mowillems.com/
👉Emily Gravett 經典歷久彌新的繪本作品
https://www.emilygravett.com/
👉👉Tim Hopgood
超愛Tim Hopgood每本作品,每一本都讓人覺得是藝術
https://timhopgood.org/
👉👉Jan Thomas 幽默到不行的Jan Thomas
https://www.janthomasbooks.com/thingstodo.html
👉👉Lucy Cousins 最受小朋友喜愛的Maisy
https://speak-and-play-english.com/hooray-fish-lucy-cousins-bingo
https://www.candlewick.com/book_files/9999999902.kit.3.pdf
👉👉Liz Climo
疫情宅在家悶得發慌最需要藉由Liz 幽默風趣的小故事來療癒一下
大人小孩都超適合♥️
https://www.facebook.com/LizClimo
👉👉Tom Lichtenheld
https://www.tomlichtenheld.com/childrens_books/activity_guides.html
👉👉Chris Haughton
Shh! We Have A Plan
A Bit Lost
OH No! George!
🎉New book!! “ Maybe “
https://www.chrishaughton.com/
🎹歌曲線上學習資源🎹
🎵Super Simple Songs🎵
https://supersimple.com/content-type/free-printables/
https://supersimple.com/content-type/worksheets/
🎵Pinkfong🎵
#StayHomeWithPinkfong
https://www.pinkfong.com/singplaylearnathome/
🎵Maple Leaf learning🎵
https://mapleleaflearning.com/library/worksheets-by-topic/
🚞Thomas & Friends 🚃
http://www.thomasandfriends.com/en-gb/activities
8.《宅在家裡的育兒好資源》
🔰英文繪本線上聽
📙Books Read Aloud🔈
https://justbooksreadaloud.com/
將490本繪本小說依照難易深淺分類,選書即馬上聽故事。不用入會也不用費用。
📒Audible Stories
https://stories.audible.com/start-listen
可以免費聽故事,有依照年齡分故事難易程度
📗台北市立圖書館
http://isearch.tpml.edu.tw/tpmlhyint/index.jsp
台北市立圖書館裡電子資源裡的Tumble books, 每本都是做成很棒的動畫的朗讀flash。
📒國際數位兒童圖書館📚
(International Children's Digital Library)
http://en.childrenslibrary.org/
➡介紹:
https://www.everydayweplay365.com/single-post/2020/02/17/intlchildrendigitallibrary1
它是一個完全免費的線上圖書館,內容涵蓋全球59種語言、100多個國家,目標是激發3至13歲孩童對書籍閱讀的興趣。
📓非營利線上圖書館Internet Archive
Children's Library 兒童圖書館
➡官網:https://archive.org/details/iacl
➡介紹文:
https://www.shoppingdesign.com.tw/post/view/4720?utm_source=facebook_sd
Children's Library 兒童圖書館開放逾 3,000 本繪本線上閱覽,《小紅帽》、《灰姑娘》、《日之東・月之西》等知名作品都在館藏之列。
🔰中文繪本線上聽
📘文化部《兒童文化館》
https://children.moc.gov.tw/index
『兒童文化館』於1999年由臺灣文化部所創立,累積數百本優質中文繪本,包括:圖畫書、童話、民間故事、童詩散文、知識性讀物類、橋梁書、雜誌刊物、小說等,適合學齡前幼兒至小學高年級兒童。
🔰英文線上/app課程
📙ICRT News Lunch Box
https://www.icrt.com.tw/news_lunchbox.php?&mlevel1=7&mlevel2=96
▪教育部與ICRT合作,專屬國小生聽力節目。每天五分鐘,提供英聽能力。有分級為國中及國小 。
▪連結內有音檔,還有文字檔的文章、單字、問答題、解答,並可追溯已播出的節目。
📗25個絕對必讀的國外重要兒童科學網站 (含美國名校/NASA/政府官網/重要博物館等)
https://www.everydayweplay365.com/single-post/2020/02/04/25sciencekidseverydayweplay365
📓Scholastic線上課程
Scholastic出版社因為病毒緣故開放從幼稚園到小學的線上課程。
▪username: Learning20
▪password: Clifford
💻網站:https://classroommagazines.scholastic.com/support/learnathome.html?fbclid=IwAR01-IqJ3mhOQPWeAiwybPsLXu6Fe0BU-52lgw4IO2U3ayBurh5dbUHAYR0
📘Usboren線上免費資源
💻Play and Learn at Home
https://usborne.com/play-and-learn-at-home/?fbclid=IwAR1TRxr0jeWFRKK-oagZdzp4_8UcxhJ5LZEDXCbF9vVhv6YIKHJkRw05nFY
英國童書出版商Usborne分享他們的免費資源, 適合11歲以下小朋友。
📱🎵SoundOn🎶#線上免費聽故事
https://www.soundon.fm
台灣新創的podcast系統,裡面有許多頻道可以收聽,這類型聽廣播型態在美國很流行,有點像是用聽的Youtube。裡面除了有分類的各種頻道(音樂、理財、TED、人文……),也有一些教養相關的分享、說故事給孩子聽、有些是改編經典童話。
✔維多叔叔的故事歡樂車
✔DaDa阿姨說故事
✔經典101 說給孩子聽的有聲書
✔星星姐姐故事中
✔森林賽車手的繪本故事時間(是一個矽谷的爸爸自己錄製的,有很多繪本)
📱Khan Academy Kids :
https://play.google.com/store/apps/details?id=org.khankids.android
▪用五個主題動物🦊🐻🐘🐦🐶來設計教材,非常豐富的學習內容,用有趣的卡通動畫來讓孩子從最簡單的數字、顏色、形狀……來學習,動畫非常精緻可愛。
📱英文學習兒童版app
https://play.google.com/store/apps/details?id=com.talkenglish.kids
▪將90個主題,依照難易程度分成好幾個關卡。
▪沒有影片,每一課會有一段英文內容,聽完之後可以玩單字配對完成句子的測驗遊戲。
☀4-7歲小太陽雜誌線上音檔,故事音樂都完整
https://mag.kimy.com.tw/#/recommend
🔰日文免費線上學習
📘NHK for school
http://www.nhk.or.jp/school/
日本NHK提供幼稚園至高中程度的免費線上學習資源。
🔰自然學習
🎵線上免費聆聽全球400多個森林聲景音樂的《自然之聲地圖》(Nature Sound Map)!😍👂🐦
https://www.everydayweplay365.com/single-post/2018/03/23/naturesoundmap
🔰線上實境虛擬美術館
🏛Google Arts & Culture
https://artemperor.tw/focus/3189
▪包含【倫敦.大英博物館】、【紐約.古根漢博物館】、【巴黎.羅浮宮博物館】、【巴黎.奧賽博物館】、【阿姆斯特丹.梵谷博物館】、【佛羅倫斯.烏菲茲美術館】、【倫敦.英國國家畫廊】
▪也有app可以下載。
🔰免費Worksheet
📰水產研究各種魚類
http://www.fra.affrc.go.jp/forkids/kids_pr_fun_paper-craft.html
可以印出來摺紙的各種魚類
🖍FreeGameAndWorksheet
▪介紹:
https://ez3c.tw/7043#.XD2hZ0SNWV0.facebook
有依照年齡設計的摺紙、繪圖著色、數學、科學…練習素材,可直接下載列印使用。也有分難度可以選擇。
➡原網站:
https://www.education.com/worksheets/ela/coloring/
🔺裡面有許多分類,有learning plan可以跟著學習。
▪讀跟寫的練習
https://www.education.com/worksheets/ela/coloring/
▪主題式Lesson Plan下載
https://www.education.com/lesson-plans/?cid=11.2112
▪科學:有分主題式的教案
https://www.education.com/resources/science/?cid=11.212
▪數學:有遊戲跟練習題可列印
https://www.education.com/resources/math/?cid=11.2118
▪音樂與藝術
https://www.education.com/resources/the-arts/?cid=11.2116
▪其他外語學習:西、法……
https://www.education.com/resources/foreign-language/
🖍《繪本桌布Eric Carle》
🎨著色區: https://reurl.cc/arGr7Q
🖍《冰雪奇緣著色畫
🎨著色區: https://reurl.cc/0oXOv9
🖍《野貓迷也很忙‧跟著軍團學塗鴉 》
🎨著色區:https://kodomoe.net/picturebook/30026/
🖍《Peppa Pig跟著佩佩學畫畫》
🎨著色區:
https://www.thepurplepumpkinblog.co.uk/printables/peppa-pig/peppa-pig-colouring-pages-free-printables.pdf
🖍更多著色畫可下載區 : http://kids-nurie.com/
🔰運動類型
🏋孩子不用出門也能運動!國外8個受歡迎的兒童居家健身YouTube頻道 增強肌耐度 提高免疫力💪
https://www.everydayweplay365.com/single-post/2020/04/03/PEathome2
💃🕺《Just Dance 舞力全開》 「Just Dance Unlimited」免費體驗讓你在家動起來
https://www.ubisoft.com.tw/just-dance-get-moving-at-home-with-just-dance-unlimited-for-free/
▪可以跟孩子一起跳舞
🔥🔥5.17更新🔥🔥
✔臺北市酷課雲線上學習資源 https://sites.google.com/view/cooc/
✔均一平台
https://www.junyiacademy.org/
✔Pagamo平台
https://www.pagamo.org/
✔學習吧
https://www.learnmode.net/home/
🔰康軒線上資源
✔教學檔案:跟著康軒一起學習吧
提供康軒各科簡報、影片、試卷,讓教師可以輕鬆一鍵複製、派發課程。
▪️資源網址:http://reurl.cc/9ZKyQa
✔線上測驗:師生平台
提供教師線上測驗與討論的平台,可一鍵派題,立即掌握學生自學狀況。
▪️資源網址:http://reurl.cc/DvVDQ6
✔自學影音:影音頻道
豐富多樣、扣課扣圖的學習影片。讓孩子在家自學,康軒擔任小助教,引導學生預習、複習教材內容。
▪️資源網址:http://reurl.cc/KxaLqq
✔好用程式:課文輕鬆聽
康軒首創提供課文朗讀音檔,讓學生在家自學,家長可以播放音檔,引導學生學習。
▪️資源網址:http://reurl.cc/NX7D86
=====================
原文可以分享
《動靜皆宜,繪本資源整理》
https://m.facebook.com/story.php?story_fbid=732776403922369&id=489646774902001
自己尋找自己需要的教材嘍!
防疫在家,我們家長自救會
互相幫忙才是我們台灣強大的力量
一起做好自己的本份
#這是個大社團統整出來的資源
#大家互相幫忙
#推薦給有需要的家長
learn chinese app 在 Xiaomanyc 小马在纽约 Youtube 的最讚貼文
SIGN UP for my free newsletter and I'll send you updates on my latest language projects:
https://languages.xiaomanyc.com
This week I attempt to learn to speak German solely from Google Translate. By using a combination of Google Translate’s built-in speech pronunciation and the flashcard app Anki, I memorize a bunch of sentences in German in an efficient way with spaced repetition and then try and have a conversation in German with Anja from @Learn German with Anja. This was a super crazy language challenge that honestly changes my opinion on how to learn languages – totally nuts!
Check out my Chinese course: http://bit.ly/3tgq4d8
Subscribe to my channel: https://www.youtube.com/channel/UCLNoXf8gq6vhwsrYp-l0J-Q?sub_confirmation=1
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If you guys like the music in my videos, you can check out all the AMAZING music Epidemic Sound has at my affiliate link here: http://share.epidemicsound.com/xiaomanyc
learn chinese app 在 Susie Woo 戴舒萱 Youtube 的精選貼文
#全英文 #中英字幕
先前的影片有跟大家分享如何交英國男女朋友,今天繼續分享使用交友App時與人相處「避免」做的幾件重要的小事。
00:38 別在一開始就太過熱情
01:34 別急!嘗試配合對方的溝通習慣
02:13 如何避免對方‘只把你當朋友’
02:37 關於發生「性行為」男女想法大不同?
03:39 別當「好好先生/好好小姐」!
04:04 簡單且冷靜地告訴對方你(妳)的感受
04:28 不要預設對方的立場與你相同
05:12 不要一昧的稱讚對方的外表!
05:44 斟酌自己的酒量,別喝醉
05:57 不要過度崇拜對方,雙方是平等的
對於以上內容或交友文化上的差異,大家有甚麼想法嗎?歡迎留言讓我知道!
🔔如何交英國男女朋友 Part 1 ► https://youtu.be/CTiVtzXVjrk
也許這些交友技巧在別的國家也是通用的,但藉著這次機會我想分享一下英國的交友文化!
了解我的線上課程:https://www.susiewoo.com
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learn chinese app 在 Lindie Botes Youtube 的精選貼文
Hi friends ? In today's video we're talking about changing language learning methods to find what really works for you. Vocabulary, grammar, speaking, textbooks, tutors, flashcards, fluency... it's all here ??
Over the years I've changed my methods to work better. I used to think flashcards are awesome, but realised over time they weren't giving me the results ? Now I've adjusted things. There are some other things I've grown out of and changed my mindsets about - so grab some tea and snacks and let's chat!
?Sign up for the Lingoda Sprint and get 100% of your cash back if you complete the challenge!
Register here: http://bit.ly/Lindie_LingodaApril
Use code "CHANGE55" for 10euro/12 USD discount on your deposit
Happy studying ???
Timestamps
00:00 Intro
01:06 Vocabulary acquisition
04:08 How I learn vocabulary from conversations
06:02 Learning vocabulary & grammar together
07:57 Self study vs taking lessons
09:36 Lingoda Sprint
12:19 How to start speaking a new language
14:01 When are you fluent in a language?
16:35 Can you learn without a textbook?
17:52 Endddd
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?SOCIALS
Insta → https://www.instagram.com/lindiebotes/
Website & resources → http://lindiebotes.com/
Twitter → https://twitter.com/lindiebee
FB → https://www.facebook.com/lindiebotesvideos/
Buy me a coffee → https://ko-fi.com/lindiebotes#
Book a session to chat → https://superpeer.com/lindiebotes
✨GOODIES
$10 free italki credits (after first lesson) → https://go.italki.com/LindieBotes
10% off Du Chinese (my favorite app!) enter LINDIE10 at checkout → https://www.duchinese.net/
All discounts → http://lindiebotes.com/discounts
All language resources → https://lindiebotes.com/language-resources/
Merch → http://society6.com/lindiebotes
?ABOUT
Welcome to my channel! My name is Lindie and I share my love for languages through my polyglot progress and language learning tips here. South African by birth, I spent most of my life in France, Pakistan, the UAE and Japan. Now I work as a UI/UX designer in Singapore. I'm a Christian and strive to shine God’s light in all I do. May this channel inspire you to reach your language goals!
New here? Best videos → https://www.youtube.com/playlist?list=PLRCVN94KILKXGx45JKaVBSpPkrpXhrhRe
FAQ → https://lindiebotes.com/faq/
?BOOKS I USE
Practical Chinese Grammar → https://geni.us/PracticalChineseGram
Japanese for Busy People on Amazon → https://geni.us/JapaneseForBusy1
Advanced Japanese for Busy People → https://geni.us/JapaneseForBusy3
Korean Grammar in Use Intermediate → https://geni.us/KoreanGrammarUse
Korean TOPIK exam prep → https://geni.us/TOPIK2prep
Short Stories in Spanish → https://geni.us/spanishshortstories
?EQUIPMENT
Camera → https://geni.us/CanonPowerShotG7
Mic → https://geni.us/RodeSmartLavMicr
Tripod → https://geni.us/ManfrottoTravel
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Some links are affiliate links, and a percentage goes towards supporting my channel.
Collabs & partnerships: hello@lindiebotes.com
learn chinese app 在 利用iPad App: Bitsboard 客製語言遊戲 - Pinterest 的推薦與評價
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