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”
同時也有10部Youtube影片,追蹤數超過173的網紅電扶梯走左邊 Jacky,也在其Youtube影片中提到,✨本集來賓:Audrey Liu 😇 IG: https://www.instagram.com/audreyliugulu FB: https://www.facebook.com/liu.audrey.96 Linkedin: https://www.linkedin.com/in/audrey...
「true love definition」的推薦目錄:
- 關於true love definition 在 江魔的魔界(Kong Keen Yung 江健勇) Facebook 的最佳貼文
- 關於true love definition 在 謙預 Qianyu.sg Facebook 的最讚貼文
- 關於true love definition 在 Apple Daily - English Edition Facebook 的最讚貼文
- 關於true love definition 在 電扶梯走左邊 Jacky Youtube 的最讚貼文
- 關於true love definition 在 Dan Lok Youtube 的最佳解答
- 關於true love definition 在 Nisha Ezzati Youtube 的最讚貼文
- 關於true love definition 在 What is the Meaning of True Love? - YouTube 的評價
- 關於true love definition 在 True love cannot be defined - I Love My LSI - Pinterest 的評價
true love definition 在 謙預 Qianyu.sg Facebook 的最讚貼文
【別以爲孩子不完美就不能有自己的成功】
Don't Assume That An Imperfect Child Will Never Have His Own Success
我教書,從小學到中學級別,斷斷續續有十年。
我學命理堪輿超過十五年。
在我家族裡的孩子,還未到十歲,每個幾乎都有十八般武藝,生活能力特別強,就算是女生也特別獨立。
因為這幾種經驗的結合,對於如何栽培孩子的潛能我特別有心得。
在我眼裡,每個人都是佛,所以有無限的可能,孩子也一樣。
但諷刺的是,有時父母反而成為孩子的絆腳石。他們會把自己思維的侷限套在孩子的身上,斷了孩子未激發出來的潛能。
怎麼會這樣?
因為父母本身的八字潛能,也從來沒有被他們的父母激發過,因此成了這惡性循環。在忙於工作和兼顧家庭的無頭蒼蠅日子裡,他們又有何能耐和知識去做這些看似吃力不討好的事呢?
我批的孩童八字當中,有自閉兒、過動兒,有先天缺陷如聽力障礙、語言障礙等,學習過程會比一般孩子來得艱辛。
孩子還未進小學,要嘛就是父母因為這孩子而影響了婚姻,要嘛就父母覺得這孩子不行了,將來做什麼工作就將就吧!
今世的先天缺陷是前世惡因結的果,不該代表孩子的這一世就是死刑。
六歲前為孩子看八字和風水,對孩子的學習人生有很大的補助。三歲前,更佳。
破繭而出的蝴蝶,才能展翅高飛,而不是你打著真愛的口號,拿把剪刀去剪破毛毛蟲的繭。
父母是孩子的第一任老師,如果你們不懂得改善自己的命,你的孩子也會很容易向命運低頭。
愛孩子,就請告訴他們,人生的選項沒有必要鎖在ABCD,我們可以自己創造XYZ。
成功不只是有一種定義。
無論您是一位老師還是一位家長,我大力推薦大家去看這部適合一家大小一起看,由鄧超主演,挑戰我們華人社會對教育和親情習以為常的觀念的大陸電影《銀河補習班》。
看了之後,深入的去思考:我們追求有個孩子真正的意義應該是什麼?
————————————————————
I have ten years of intermittent teaching experience, from primary school level to secondary school level.
I have also learnt Chinese Metaphysics for over 15 years.
In my family, before the age of ten, almost every child would have acquired a lot of life skills. Even the girls in our family are especially independent.
Because of these myriad experiences, I have my unique insight on how to cultivate the potential of children.
I see everyone as a Buddha, thus having infinite potential. The same goes for children.
Yet ironically, sometimes parents, the people who proclaimed the loudest that they love their children, are the exact ones who tripped their children in Life. They impose their limiting mindset on their children, disrupting the undiscovered potential of their children.
Why so?
Because the potential in the adults' Bazi was also never unearthed by their parents, thus forming a vicious cycle. In the daily grind of juggling family and work, running around like a headless chicken, how will they have the patience and knowledge to do such seemingly thankless acts?
In the children's Bazi I have analysed, some have autism, ADHD, listening or speech disabilities etc. Their learning process will understandably be more difficult than normal children.
Thus even before the child enters primary school, the parents would either face marriage disharmony or think that the child should just settle for any decent job in the future.
Born disabilities of this life are the fruits of our past-life karmic deeds, but this should not mark a death penalty in the child's destiny this lifetime.
To get the child's Bazi analysed and Feng Shui audited before age 6 can have enormous positive effects on the child's learning path. Even better if before age 3.
The butterfly that breaks out of its cocoon on its own is able to take flight, but will be crippled when you cut the caterpillar's cocoon with a scissors in the name of supposed true love.
Parents are the first teachers in a child's life. If you do not know how to change your destiny, your child will bow down to Life easily.
If you love them, please let them know life does not have to be restricted to ABCD options. We can create our own XYZ choices.
Success has more than one definition.
Whether you are a teacher or a parent, I recommend you and your children to watch this inspirational China movie on challenging Chinese societal norms in parenting and education, Looking Up (銀河補習班), starring Deng Chao.
And think in depth, what should be the real meaning in having children?
true love definition 在 Apple Daily - English Edition Facebook 的最讚貼文
#Opinion by Benedict Rogers 羅傑斯 | "Let the true patriots around the world arise – those who are loyal to their people, values and consciences, who genuinely love their country and their neighbor, and who yearn for legitimate government. They are the people who can swear a meaningful oath, to represent, defend and govern – with consent – their people. The tyrants can’t – and we must constantly remind them of that fact."
Read more: https://bit.ly/3l8VApK
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true love definition 在 電扶梯走左邊 Jacky Youtube 的最讚貼文
✨本集來賓:Audrey Liu 😇
IG: https://www.instagram.com/audreyliugulu
FB: https://www.facebook.com/liu.audrey.96
Linkedin: https://www.linkedin.com/in/audrey-liu-96892868/
- 把工作當成真命天子,27歲就當上 P&G Marketing Director | Falling in love with your career. becoming marketing director at age 27
- What is marketing? Marketing 不只是廣告銷售,更是影響人們生活的一個方式 | Marketing changes peoples' lives
- 其實從小孩、童心的角度檢視自己,是認識自己很好的方法 | Learn about yourself from your childhood
- 內向者的力量:兼具內向者的想法,和開啟外向模式的力量 | The power of introverts
- 不快樂不是你的錯,但只有你有責任讓自己快樂 | Unhappiness is not your fault, but your responsibility
📚 Books Mentioned:
- The Existentialist Cafe 存在主義咖啡館
- The Happiness Project 過得還不錯的一年:我的快樂生活提案
- Quiet 安靜,就是力量:內向者如何發揮積極的力量
我們每集都會辦抽書活動,記得 follow 我們 🤩
IG: https://www.instagram.com/leftsideescalator.jacky/
FB: https://www.facebook.com/LeftSideEscalator.Jacky/
***
(00:01:22) 三個字形容自己 | Describe yourself in 3 words
(00:03:07) 認為 Marketing 是自己的真愛 | Marketing is her true love
(00:06:22) 上海的 Marketing 調研故事 | Marketing research story in Shanghai
(00:09:38) Marketing更深的意義 | The essence of marketing
(00:12:29) 大學做四個實習 多方嘗試找尋目標 | 4 internships in college, trying various things
(00:14:11) 其實你喜歡做什麼小時候就知道 | Learning from your childhood
(00:17:08) 如何27歲就成為行銷總監 | Becoming director at 27
(00:18:58) 人事管理的哲學 | People management philosophy
(00:21:36) 主管就像是當一面鏡子 | Manager is like a mirror
(00:23:51) 當上主管的第一課 | First lesson of being a manager
(00:25:17) 情境領導模式 因材施教 | Situational leadership
(00:27:29) 帶領團隊的核心理念 | Core values of leadership
(00:31:12) 理想規劃的一週 | Ideal week
(00:34:19) 內向的領導者更有力量 | Introverted leadership
(00:39:01) 時間管理:GTD信奉者 | Time management, GTD
(00:40:21) 總監下班之後去打工 | Working side jobs for fun
(00:42:14) 制定自己的快樂計畫 | Managing your own happiness
(00:43:59) 管理並檢視自己的快樂 | Reflect on your own happiness
(00:45:32) 享受當下和達成目標的平衡 | Balance between being present and achieving your goals
(00:49:07) 對快樂的定 | Definition of happiness
(00:51:06) 完整的快樂架構 | Structure of happiness
(00:55:22) 存在主義的真諦 | Existentialism
(00:58:52) 即使是宿命論之下 還是要努力 | Determinism
(01:01:48) 只有你有責任讓自己快樂 | You are responsible for your happiness
(01:04:25) 因為不快樂而決定離開P&G | Leaving P&G
(01:08:09) 跳進田裡吃泥巴 | Eating mud in the farm
(01:10:56) 決定到Teach for Taiwan工作 | moving to Teach for Taiwan
![post-title](https://i.ytimg.com/vi/qyNnmrMFVws/hqdefault.jpg)
true love definition 在 Dan Lok Youtube 的最佳解答
In this video, Dan Lok and his wife, Jennie, reveal what they don't tell you about entrepreneurship. Most people think entrepreneurship is easy and fun. But they don't know the truth. Watch this video to discover what they don't tell you about entrepreneurship.
Enjoyed this video? Click here to discover the true definition of an entrepreneur: https://www.youtube.com/watch?v=Pmp9ruLaRg0&t=15s
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Dan Lok, a.k.a. The King of High-Ticket Sales is one of the highest-paid and most respected consultants in the luxury and “high-ticket” space.
Dan is the creator of High-Ticket Millions Methodology™, the world's most advanced system for getting high-end clients and commanding high fees with no resistance.
Dan works exclusively with coaches, consultants, thought leaders and other service professionals who want a more sustainable, leveraged lifestyle and business through High-Ticket programs and Equity Income.
Dan is one of the rare keynote speakers and business consultants that actually owns a portfolio of highly profitable business ventures.
Not only he is a two times TEDx opening speaker, he's also an international best-selling author of over 12 books and the host of Shoulders of Titans show.
Dan's availability is extremely limited. As such, he's very selective and he is expensive (although it will be FAR less expensive than staying where you are).
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Linkedin: https://www.linkedin.com/in/danlok
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This video is about What They Don’t Tell You About Entrepreneurship
https://youtu.be/fTGpOx_MRnE
https://youtu.be/fTGpOx_MRnE
![post-title](https://i.ytimg.com/vi/fTGpOx_MRnE/hqdefault.jpg)
true love definition 在 Nisha Ezzati Youtube 的最讚貼文
Terasa tak that Raya Vibe? I am super excited for Raya this year and all thanks to Sasa Malaysia for helping a sister out with these makeup from Pupa Milano that I get to try out! For my 2nd look, I decided to go with another interesting look but this time putting some colours to line my eyes.
Here are the products I use to beat my face with :-
• PUPA Smoothing Foundation Primer (Lilac)
• PUPA Extreme Staying Power Total Comfort Foundation
• PUPA Cover Cream Concealer
• PUPA Contouring & Strobing Powder Palette
• PUPA Like A Doll Luminys Blush (301)
• PUPA True Eyebrow Pencil
• PUPA Made To Last Long Lasting Eyeshadow (002)
• PUPA 3D Metal Eyeshadow (003)
• PUPA 3D Metal Eyeshadow (002)
• PUPA Made To Last Long Lasting Eyeshadow (010)
• PUPA Vamp! Definition Liner
• PUPA Vamp! Mascara
• PUPA I’m Matt Lipstick (012)
All of these beautiful products boleh didapatkan dkt any Sasa Malaysia Outlets tapi kalau korang nak barang2 nie for free, you guys can be part of the #SeriBersamaSasa contest where you will stand a chance to win these products & cash vouchers, all worth RM800. Best kan!? So what you need to do is check out my previous tutorial, #BreezyTeal and try your best to do that makeup look. Once you’ve done that, take a photo and post it up! Jgn lupa letak #SeriBersamaSasa & #BreezyTeal in the caption and to tag @SasaMalaysia and me! I would love to see your creations.
For more information, you guys boleh pegi www.sasa.com.my/SeriBersamaSasa.
![post-title](https://i.ytimg.com/vi/2oTXCKAhTtA/hqdefault.jpg)
true love definition 在 True love cannot be defined - I Love My LSI - Pinterest 的推薦與評價
Jan 13, 2016 - True love cannot be defined by any means. It's a cluster of adjectives; it's crazy, passionate, complicated - but most importantly, true love ... ... <看更多>
true love definition 在 What is the Meaning of True Love? - YouTube 的推薦與評價
... <看更多>