關於 would you agree meaning ，我們在網路上蒐集到這些相關的討論、資訊與評價

最好的自己不在未來，就在現在。

認真回想，以前我好像在每一段關係中都是在扮演某一個角色，不由自主的在為每個對象做調整。不只有在戀愛上，有時候可能跟朋友、工作夥伴都是，尤其是在前輩面前，常常我都會本能反應似的改變自己。聲音要甜一點嗎？笑話要低級一點嗎？從穿衣服就可以看出，我今天是要跟誰吃飯。雖然是微調，但透露出了一件事，我好像不夠喜歡真正的自己，所以才會擔心大家也不會喜歡真正的我。我告訴自己即使累，但如果持續努力，有一天就能變成大家都喜歡的Lara。

久而久之我和世界的相處模式只有「由外到內」，會依照別人對我的反應去斷定我的下一步。大家會覺得我很好相處，我卻越來越不快樂。現在我慢慢開始懂了，原來我把順序弄反了。我該優先處理的是自己內心的感受，其他人買不買單，其實跟你一點關係都沒有。就像找另外一半，如果我跟夢中情人在一起，但我根本無法在他面前做自己，最後還是會走不下去。

我現在33歲，So What? 終於懂，「當下的自己」才是人生時間軸上最重要的！

對了，有人好奇這次「{}」的意思嗎？簡單說是「大括號」，在數學運算式中稱作「空集合」。數學不好的人就想像一個清空的行李箱吧。「空」不是無，而是無限可能。括號還有另外一個更好懂的意思，就是「優先處理」。將過去整理過後的自己，回歸純粹，態度成熟自信！(失戀後重新出發的人應該很有感觸吧！🤣)

Your best self is not in the future, but in the Now.

Looking back, I seem to have been playing a role in almost every relationship I was ever in. I'm not just talking about romantic relationships. Whether it was with friends or colleagues (especially seniors), I would modify myself almost instinctively. Should my voice be sweeter? My jokes dirtier? If you wanted to know who I was eating with that day, all you had to do was look at the clothes I was wearing.

The changes were subtle, but they still reflected a truth: I didn’t feel like the real me was enough so I was worried that other people would also find her lacking. I told myself that if I just kept working at it, I would someday become a version of Lara that everyone accepted.

Eventually I only knew how to get my cues from the external world. I would always base my next step on feedback I got from others. Most people considered me easy to get along with, but I grew more and more unhappy.

I think I had it all wrong. My first priority should have been listening to my inner voice. Whether or not other people agree with it is not in my control nor of my concern. Take looking for a partner. Even if I found the person of my dreams, it would never last if I couldn’t be myself around them.

I am 33 years old. So What? I finally understand that "the present self" is the most important thing on the timeline of life! It’s time to prioritize me!

By the way, is anyone curious about the meaning of "{}" this time? Besides the more commonly known representation of parentheses as prioritization, these curly brackets are called “the empty set”. The empty what? If like me, math is not your strongest suit, think of it as an empty suitcase. "Empty" doesn’t mean nothing, but infinite possibilities! What will you fill your life with this time?

2021全新專輯《來者何人{}》
數位收聽：https://LaraLiang.lnk.to/DearYou2

<再也沒有你> 陳勢安 Andrew Tan
數位收聽：https://kkbox.fm/Iss26l

#Lara梁心頤2021全新專輯二部曲 #來者何人{} 全球發行
#再也沒有你 #NoMoreU #SoWhat30

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”

Turn “Need to” Into “Want to”

“Not only this, but we also rejoice in our sufferings, knowing that suffering produces perseverance; and perseverance, proven character; and proven character, hope: and hope doesn’t disappoint us, because God’s love has been poured out into our hearts through the Holy Spirit who was given to us.” (Romans‬ ‭5:3-5‬ ‭WEB‬‬)

In life, many things happen to us, and how events affect us is how we view and attach meaning to them.

The apostle Paul had this revelation, and he taught the church to view suffering in a new light—to rejoice in suffering because it produces perseverance, proven character, and hope.

He knew how to reframe the undesirable things in life to become something that he wanted.

Suffering produces pain, but Paul reframed it to mean the training of his perseverance, character, and hope. Something bad became something precious and valuable.

We can apply this mindset to anything in life so that our trust is always in God and not in our self-efforts.

For example, if you see yourself putting on weight, your flesh may cause you to think, “I must go on a diet and exercise more so that I can lose weight.” This way of viewing the situation makes you reactive—on the defensive posture instead of wholeheartedly choosing to do something because you love it. When something is viewed as a burdensome chore, you will struggle with it.

Instead, why not detach your goal from the activity and just focus on the enjoyment of the beneficial action? You are not trying to exercise to lose weight—you are already young, healthy, slim, fit, and strong. Jesus paid for you to freely receive health and healing by faith.

When you exercise, there doesn’t have to be a goal. You can reframe your mindset and exercise just because you find it fun and enjoyable. “I like to run and feel my body challenging its limits. At the same time, I get time to enjoy the beautiful scenery that God has made, and listen to the Holy Spirit speaking to me.”

Wow, just like that, exercise without needing to gain anything from it becomes something desirable, just like the enjoyable activity of playing games for fun. Guess what, you will still reap the fitness benefits of exercise when you do it.

This method of refraining things is important because we don’t want to fall into the deception of getting things done by self-effort. Whatever is done by the flesh apart from God’s blessing has to be tiresomely maintained by the flesh.

If you’re struggling financially, and you’re always thinking, “I need to work so that I can earn money,” you’ll be perpetually stressed out, your performance at work will de-prove, and the self-reliance hinders God’s gracious provision and favor that must be received by faith.

No, you’re not working to earn money. You are a child of the wealthiest King of Heaven and earth—money is not something worth worrying about. You are always well-supplied and never lacking. God’s blessing makes you truly wealthy in all ways and He adds no sorrow nor trouble to it.

“Yahweh’s blessing brings wealth, and he adds no trouble to it.” (Proverbs‬ ‭10:22‬ ‭WEB‬‬)

Instead of feeling forced to work, work because you enjoy it, and because the people you deal with at work will benefit greatly from having Jesus as Lord. You would love to show them His glory through your words and deeds. When you think this way, you detach the goal of earning money from the action of working, and it just becomes an activity that you enjoy and look forward to—it becomes something very meaningful that you can be passionate about.

When you do your best at work to shine brightly for God, to showcase Christ in you, you will still be paid, and very likely, your job performance will improve. The state of mind will change from one that’s dragging your feet to work, to one that runs in, excited to embark on the next task for Jesus’ sake so that more may glorify our Father in Heaven.

Many times, God’s word says “repent”, and I agree that we can change our mind about all the ways we think negatively. Reacting by the flesh, we will always try to compensate for some lacking area by doing hard work, choosing man’s way instead of God’s way. To see a positive transformation, all it takes is a little reframing according to the Gospel of Jesus Christ.

We don’t have to act like homeless orphans fending for themselves on the streets. We have a Father, and we are His beloved children. When your flesh tells you that you “need to” do something, reframe the whole thing by seeing it through Jesus’ finished work at the cross and what that sacrifice has accomplished for you. See how you can proactively “want to” do the task. Rest from fleshly self-efforts, and actively receive the supply of grace for every need!

Satan the serpent wants you to be stressed out, defeated, and distracted from the things of God so that you are no threat to his kingdom. Discover the powerful spiritual weapons you have been equipped with, and how to always emerge victorious in spiritual warfare: https://www.miltongoh.net/store/p25/Silencing_the_Serpent%3A_How_Christians_Can_Be_Victorious_in_Spiritual_Warfare.html

Hello, I am umino.Thank you for watching this video.This description uses Google Translate.

This video also shows the face. I don't think everyone is interested in my face, but take a look. Guarantee that the sound is also good. The point is that it is so-so. Everyone would expect it if they said it was the best. I'm scared when I can't exceed my expectations if I make them expect too much. So we use the word so-so.
今回の動画も顔が映ってる。みんな私の顔には興味がないと思うが、見てやってくれ。音もまあまあいいことを保証する。まあまあという部分がポイントだ。最高にいいと言ってしまうとみんなが期待してしまうだろう。期待させすぎると期待を超えられなかった時が怖い。というわけでまあまあという言葉を使う。

People who don't understand Japanese can't understand what I'm talking about in this video. So I will explain it in the summary column.
日本語が分からない人はこの動画で私が喋っていることが全く理解できないと思う。なので概要欄の方で説明をします。

Anyway, I'm talking about my glasses getting cloudy. The glasses get cloudy due to the heat and humidity. The biggest reason is wearing a mask. You think you should take off your mask? No good. If I take off my mask, you will see a beard. Due to the lighting on the well-represented cameras, these guys make my face appear as it is. I can't forgive such a thing. What it is It's Anna and the Snow Queen. By the way, I've never seen Anna and the Snow Queen.
とにかく眼鏡が曇ることを喋っている。酷い暑さと湿度で眼鏡がとにかく曇る。マスクをしてるのが1番の原因だ。マスクを外せと思うだろう？ダメだ。マスクを外しては髭が見えてしまう。よく映るカメラに照明、こいつらのせいで私の顔がありのままに映し出されてしまう。そんなこと許せるはずがないだろう。何がありのままだ。アナと雪の女王かよ。因みに私はアナと雪の女王をちゃんと見たことがない。

He also said that you shouldn't look at the screen. If you don't know what you are doing, you may feel ASMR. I'm saying that. In short, focus on your ears only. Those who want to see the screen cannot stop it. But you're the one who can't keep your promise... I'm disappointed.
画面を見ない方がいいとも言ってる。何故かというと何をされてるか分からない方がASMRを感じることができるのではないか？ということだ。端的に言えば、耳だけに集中しなさいということだ。どうしても画面が見たい人は無理には止めない。ただ約束を守れない人だ…と私はガッカリするよ。

If you look at the screen, you can understand that you are rushing to use various things. Is it so difficult to make a sound while speaking something? I also have to look at the camera and check the recording equipment. It's a very difficult task. I'm thirsty because the temperature is high. He wanted water. If you dry your throat, you will feel alive. Like Manami on Yowamushi pedal.
色々な物を使おうとして焦ってることは画面を見ればなんとなく分かると思う。何かを喋りながら音を出すことがこんなにも難しいのか。更にカメラを見て、録音機器のチェックもしなければならない。非常に難しいタスクだ。気温が高いこともあって喉も渇く。彼は水を欲していたのだ。喉の乾きを潤せば生きている実感を得れる。弱虫ペダルの真波山岳くんのように。

He also mentioned that he changed his glasses from the previous video. Why did you change your glasses? There is no particular meaning. It makeover if by force say. The same will always be boring. I don't agree with that because I think it's great to stay the same. It's said that changing the glasses resembles an entertainer wearing these glasses. Only the glasses are similar. Isn't it my own glasses anymore? No, I want to deny it.
前回の動画から眼鏡を変えたことにも言及している。何故眼鏡を変えたかだって？特に意味はない。強いて言うならばイメージチェンジだ。ずっと同じはつまらないだろう。私は変わらないことが素晴らしいと思う派だから、それには賛同できないがね。眼鏡を変えたことでこういう眼鏡をかけている芸能人に似てると言われるだろう。眼鏡しか似てないのにだ。それはもう私自身が眼鏡ということではないのか？いやそれは否定しておきたい。

You can also see that he cares about his bangs. Everyone will be more wondering why they care so much. It's just like a young woman. Young Japanese women care especially about their bangs. Are you solidifying something! ? The bangs do not move to the extent that it is illusion. It's crazy. I call them professionals who continue to show their best. The only reason I care about my bangs is to hide that my forehead is wide.
前髪をしきりに気にしていることも分かるだろう。何故こんなに気にしているのか、みんなはもっと気になるだろう。それはもう若い女性と同じようなものだ。日本の若い女性は前髪を特に気にする。何かで固めているのか！？と錯覚する程に前髪が動かない。クレイジーだ。私は彼女らのことを最高の自分を見せ続けるプロフェッショナルと呼んでいる。私が前髪を気にした理由はデコが広いことを隠したいだけなんだけどね。

Good night.
おやすみの。おやすみ。


SNS
Twitter: https://goo.gl/Y9uFpW
Twitter(通知用): https://goo.gl/WHEa8c
Instagram: https://goo.gl/sL8M1r
サブチャンネル: https://goo.gl/C7yDgn

無劣化音声の購入はこちらから
https://bit.ly/2ktOOjm

Copyright © 2017 UMINO ASMR All Rights Reserved.