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
同時也有20部Youtube影片,追蹤數超過803的網紅樂筆 x 日光實驗室,也在其Youtube影片中提到,歡迎光臨~我是樂筆! 不知道大家對婚姻的想法是什麼?先看年齡與外貌?再來房有車?在一起互相取暖,哪天一言不合隨時可以打包走人? 愛是一種感覺,還是愛可以是一種決定? 其實婚姻是盟約,不是契約:「契約」載明雙方要履行的條件,如果不能做到,就可以終止契約;但「盟約」是份深情的承諾,不論颳風下雨、生...
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《#籠罩下的巨大哀愁 》A Dark Cloud of Sorrow Looms Over
A place where millions of people live alone together— the city.
During the busy and constant labor all day and night, we have fewer opportunities to talk to ourselves. The sudden epidemic has opened a door to calm our hearts and let us rethink our relationship with the world.
In the 1970s, urbanism rises in Taiwan, bidding farewell to the landscape of an agricultural society. In addition to skyscrapers, the meaning of the city also produces a certain kind of violent acceleration on our bodies. Before we could face all kinds of unpleasant questions, we quickly escape with the acceleration.
The city seems to be bustling and lively, but in fact it’s a series of stranger encounters unexpectedly. Trying to accompany each other is reduced to their
own mumbling with obscure social distance. They trying to escape from restlessness and distress for a short time; rising the conflict between governance practice and the sense of freedom. The closed, lonely cycle of labor faintly affects the changes of modern cities, and so on.
The people who live here are trying to learn how to coexist with it.
In A Dark Cloud of Sorrow Looms Over, we invite eight artists. The age difference between them is about 20 years old. We are trying to figure out in this big era,how people among different age groups to re-understand and break through the urban conditions of survival and change.
幾百萬人一起孤獨生活的地方-------都市。
沒日沒夜的繁忙,不斷勞動的過程中我們少了與自己對話的機會,突如其來的疫情,像開啟了一扇靜心的大門,反思我們與世界之間的關係。
1970年代台灣興起都市主義,揮別過往的農業景觀,其意義除了建築摩天高樓外,不外乎產生某種劇烈加速度於我們的身體,各種不適的提問還未面對,就隨著加速度快步的逃逸。
城市貌似繁華熱鬧卻只是意外地與一切陌異、他者的肉身遭逢;試圖相伴卻淪為各自的喃喃自語、不成文的特殊社交距離;嘗試短暫逃離不安及困頓的慾望;興起的治理實踐與自由意識的衝突;在封閉與寂寥的循環勞動,隱隱牽動著現代化城市的變遷等......
生存於此的人們,正試圖學習如何與它共存。
「籠罩下的巨大哀愁」一展邀請八位藝術家,之間年紀落差20來歲,我們試圖整出一個大時代下不同年齡層中,面對生存與變動的都市景況是如何重新理解及突破。
_____________________________
《籠罩下的巨大哀愁》展覽資訊
展覽日期|2021/08/07(Sat.) ─ 09/12(Sun.)
展覽地點|台北當代藝術館廣場電視牆 MoCA Plaza LED TV Wall
播映時間| Mon. ─ Sun. 16:00-21:00
嘖嘖募資|https://reurl.cc/bXy09v
#王鼎曄 #吳柏賢 #陳嘉壬 #黃彥超 #黃淑蓮 #蔡傑 #鄭爾褀 #鍾知庭 #林郁晉 #A_Dark_Cloud_of_Sorrow_Looms_OverThe
#Misanthrope_Society_厭世會社
in a relationship meaning 在 江魔的魔界(Kong Keen Yung 江健勇) Facebook 的精選貼文
這是前些日子爆出已經被加拿大法院接理對藏傳佛教噶舉派法王的訟訴。(加拿大法院鏈接在此:https://www.bccourts.ca/jdb-txt/sc/21/09/2021BCSC0939cor1.htm?fbclid=IwAR2FLZlzmUIGTBaTuKPVchEqqngcE3Qy6G_C0TWNWVKa2ksbIYkVJVMQ8f8)
這位法王的桃色事件,我是幾年前才聽到。但,藏傳佛教的高層有這些性醜聞,我已經聽了幾十年。我以前的一位前女友也被一些堪布藉故上她的家摟抱過,也有一些活佛跟她表白。(這不只是她,其他地方我也聽過不少)
這是一個藏傳佛教裡面系統式的問題。
很多時候發生這種事情,信徒和教主往往都是說女方得不到寵而報仇,或者說她們也精神病,或者說她們撒謊。
我不排除有這種可能性,但,多過一位,甚至多位出來指證的時候,我是傾向於相信『沒有那麼巧這麼多有精神病的女人要撒謊來報仇』。
大寶法王的桃色事件,最先吹哨的是一位台灣的在家信徒,第二位是香港的女出家人,現在加拿大又多一位公開舉報上法庭。
對大寶法王信徒來說,這一次的比較麻煩,因為是有孩子的。(關於有孩子的,我早在法王的桃色事件曝光時,就有聽聞)
如果法庭勒令要驗證DNA,這對法王和他的信徒來說,會很尷尬和矛盾,因為做或不做,都死。
你若問我,我覺得『人數是有力量的』,同時我也覺得之後有更多的人站出來,是不出奇的。
我也藉此呼籲各方佛教徒,如果你們真的愛佛教,先別說批判,但如鴕鳥般不討論這些爭議,你是間接害了佛教。
(下面是我從加拿大法院鏈接拷貝下來的內容,當中有很多細節。)
Table of Contents
INTRODUCTION
BACKGROUND
ANALYSIS
A. The Spousal Support Claim in this Case
B. The Test to Amend Pleadings
C. Pleadings in Family Law Cases
D. The Legal Concept of a Marriage-Like Relationship
E. Is There a Reasonable Claim of a Marriage-Like Relationship?
F. Delay / Prejudice
CONCLUSION
INTRODUCTION
[1] The claimant applies to amend her notice of family claim to seek spousal support. At issue is whether the claimant’s allegations give rise to a reasonable claim she lived with the respondent in a marriage-like relationship, so as to give rise to a potential entitlement to spousal support under the Family Law Act, S.B.C. 2011, c. 25 (“FLA”).
[2] The facts alleged by the claimant do not fit within a traditional concept of marriage. The claimant does not allege that she and the respondent ever lived together. Indeed, she has only met the respondent in person four times: twice very briefly in a public setting; a third time in private, when she alleges the respondent sexually assaulted her; and a fourth and final occasion, when she informed the respondent she was pregnant with his child.
[3] The claimant’s case is that what began as a non-consensual sexual encounter evolved into a loving and affectionate relationship. That relationship occurred almost entirely over private text messages. The parties rarely spoke on the telephone, and never saw one another during the relationship, even over video. The claimant says they could not be together because the respondent is forbidden by his station and religious beliefs from intimate relationships or marriage. Nonetheless, she alleges, they formed a marriage-like relationship that lasted from January 2018 to January 2019.
[4] The respondent denies any romantic relationship with the claimant. While he acknowledges providing emotional and financial support to the claimant, he says it was for the benefit of the child the claimant told him was his daughter.
[5] The claimant’s proposed amendment raises a novel question: can a secret relationship that began on-line and never moved into the physical world be like a marriage? In my view, that question should be answered by a trial judge after hearing all of the evidence. The alleged facts give rise to a reasonable claim the claimant lived with the respondent in a marriage-like relationship. Accordingly, I grant the claimant leave to amend her notice of family claim.
BACKGROUND
[6] It should be emphasized that this is an application to amend pleadings only. The allegations by the claimant are presumed to be true for the purposes of this application. Those allegations have not been tested in a court of law.
[7] The respondent, Ogyen Trinley Dorje, is a high lama of the Karma Kagyu School of Tibetan Buddhism. He has been recognized and enthroned as His Holiness, the 17th Gyalwang Karmapa. Without meaning any disrespect, I will refer to him as Mr. Dorje in these reasons for judgment.
[8] Mr. Dorje leads a monastic and nomadic lifestyle. His true home is Tibet, but he currently resides in India. He receives followers from around the world at the Gyuto Monetary in India. He also travels the world teaching Tibetan Buddhist Dharma and hosting pujas, ceremonies at which Buddhists express their gratitude and devotion to the Buddha.
[9] The claimant, Vikki Hui Xin Han, is a former nun of Tibetan Buddhism. Ms. Han first encountered Mr. Dorje briefly at a large puja in 2014. The experience of the puja convinced Ms. Han she wanted to become a Buddhist nun. She met briefly with Mr. Dorje, in accordance with Kagyu traditions, to obtain his approval to become a nun.
[10] In October 2016, Ms. Han began a three-year, three-month meditation retreat at a monastery in New York State. Her objective was to learn the practices and teachings of the Kagyu Lineage. Mr. Dorje was present at the retreat twice during the time Ms. Han was at the monastery.
[11] Ms. Han alleges that on October 14, 2017, Mr. Dorje sexually assaulted her in her room at the monastery. She alleges that she became pregnant from the assault.
[12] After she learned that she was pregnant, Ms. Han requested a private audience with Mr. Dorje. In November 2017, in the presence of his bodyguards, Ms. Han informed Mr. Dorje she was pregnant with his child. Mr. Dorje initially denied responsibility; however, he provided Ms. Han with his email address and a cellphone number, and, according to Ms. Han, said he would “prepare some money” for her.
[13] Ms. Han abandoned her plan to become a nun, left the retreat and returned to Canada. She never saw Mr. Dorje again.
[14] After Ms. Han returned to Canada, she and Mr. Dorje began a regular communication over an instant messaging app called Line. They also exchanged emails and occasionally spoke on the telephone.
[15] The parties appear to have expressed care and affection for one another in these communications. I say “appear to” because it is difficult to fully understand the meaning and intentions of another person from brief text messages, especially those originally written in a different language. The parties wrote in a private shorthand, sharing jokes, emojis, cartoon portraits and “hugs” or “kisses”. Ms. Han was the more expressive of the two, writing more frequently and in longer messages. Mr. Dorje generally participated in response to questions or prompting from Ms. Han, sometimes in single word messages.
[16] Ms. Han deposes that she believed Mr. Dorje was in love with her and that, by January 2018, she and Mr. Dorje were living in a “conjugal relationship”.
[17] During their communications, Ms. Han expressed concern that her child would be “illegitimate”. She appears to have asked Mr. Dorje to marry her, and he appears to have responded that he was “not ready”.
[18] Throughout 2018, Mr. Dorje transferred funds in various denominations to Ms. Han through various third parties. Ms. Han deposes that these funds were:
a) $50,000 CDN to deliver the child and for postpartum care she was to receive at a facility in Seattle;
b) $300,000 CDN for the first year of the child’s life;
c) $20,000 USD for a wedding ring, because Ms. Han wrote “Even if we cannot get married, you must buy me a wedding ring”;
d) $400,000 USD to purchase a home for the mother and child.
[19] On June 19, 2018, Ms. Han gave birth to a daughter in Richmond, B.C.
[20] On September 17, 2018, Mr. Dorje wrote, ”Taking care of her and you are my duty for life”.
[21] Ms. Han’s expectation was that the parties would live together in the future. She says they planned to live together. Those plans evolved over time. Initially they involved purchasing a property in Toronto, so that Mr. Dorje could visit when he was in New York. They also discussed purchasing property in Calgary or renting a home in Vancouver for that purpose. Ms. Han eventually purchased a condominium in Richmond using funds provided by Mr. Dorje.
[22] Ms. Han deposes that the parties made plans for Mr. Dorje to visit her and meet the child in Richmond. In October 2018, however, Mr. Dorje wrote that he needed to “disappear” to Europe. He wrote:
I will definitely find a way to meet her
And you
Remember to take care of yourself if something happens
[23] The final plan the parties discussed, according to Ms. Han, was that Mr. Dorje would sponsor Ms. Han and the child to immigrate to the United States and live at the Kagyu retreat centre in New York State.
[24] In January 2019, Ms. Han lost contact with Mr. Dorje.
[25] Ms. Han commenced this family law case on July 17, 2019, seeking child support, a declaration of parentage and a parentage test. She did not seek spousal support.
[26] Ms. Han first proposed a claim for spousal support in October 2020 after a change in her counsel. Following an exchange of correspondence concerning an application for leave to amend the notice of family claim, Ms. Han’s counsel wrote that Ms. Han would not be advancing a spousal support claim. On March 16, 2020, counsel reversed course, and advised that Ms. Han had instructed him to proceed with the application.
[27] When this application came on before me, the trial was set to commence on June 7, 2021. The parties were still in the process of discoveries and obtaining translations for hundreds of pages of documents in Chinese characters.
[28] At a trial management conference on May 6, 2021, noting the parties were not ready to proceed, Madam Justice Walkem adjourned the trial to April 11, 2022.
ANALYSIS
A. The Spousal Support Claim in this Case
[29] To claim spousal support in this case, Ms. Han must plead that she lived with Mr. Dorje in a marriage-like relationship. This is because only “spouses” are entitled to spousal support, and s. 3 of the Family Law Act defines a spouse as a person who is married or has lived with another person in a marriage-like relationship:
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
[30] Because she alleges she has a child with Mr. Dorje, Ms. Han need not allege that the relationship endured for a continuous period of two years to claim spousal support; but she must allege that she lived in a marriage-like relationship with him at some point in time. Accordingly, she must amend the notice of family claim.
B. The Test to Amend Pleadings
[31] Given that the notice of trial has been served, Ms. Han requires leave of the court to amend the notice of family claim: Supreme Court Family Rule 8-1(1)(b)(i).
[32] A person seeking to amend a notice of family claim must show that there is a reasonable cause of action. This is a low threshold. What the applicant needs to establish is that, if the facts pleaded are proven at trial, they would support a reasonable claim. The applicant’s allegations of fact are assumed to be true for the purposes of this analysis. Cantelon v. Wall, 2015 BCSC 813, at para. 7-8.
[33] The applicant’s delay, the reasons for the delay, and the prejudice to the responding party are also relevant factors. The ultimate consideration is whether it would be just and convenient to allow the amendment. Cantelon, at para. 6, citing Teal Cedar Products Ltd. v. Dale Intermediaries Ltd. et al (1986), 19 B.C.L.R. (3d) 282.
C. Pleadings in Family Law Cases
[34] Supreme Court Family Rules 3-1(1) and 4-1(1) require that a claim to spousal support be pleaded in a notice of family claim in Form F3. Section 2 of Form F3, “Spousal relationship history”, requires a spousal support claimant to check the boxes that apply to them, according to whether they are or have been married or are or have been in a marriage-like relationship. Where a claimant alleges a marriage-like relationship, Form F3 requires that they provide the date on which they began to live together with the respondent in a marriage-like relationship and, where applicable, the date on which they separated. Form F3 does not require a statement of the factual basis for the claim of spousal support.
[35] In this case, Ms. Han seeks to amend the notice of family claim to allege that she and Mr. Dorje began to live in a marriage-like relationship in or around January 2018, and separated in or around January 2019.
[36] An allegation that a person lived with a claimant in a marriage-like relationship is a conclusion of law, not an allegation of fact. Unlike the rules governing pleadings in civil actions, however, the Supreme Court Family Rules do not expressly require family law claimants to plead the material facts in support of conclusions of law.
[37] In other words, there is no express requirement in the Supreme Court Family Rules that Ms. Han plead the facts on which she relies for the allegation she and Mr. Dorje lived in a marriage-like relationship.
[38] Rule 4-6 authorizes a party to demand particulars, and then apply to the court for an order for further and better particulars, of a matter stated in a pleading. However, unless and until she is granted leave and files the proposed amended notice of family claim, Ms. Han’s allegation of a marriage-like relationship is not a matter stated in a pleading.
[39] Ms. Han filed an affidavit in support of her application to amend the notice of family claim. Normally, evidence would not be required or admissible on an application to amend a pleading. However, in the unusual circumstances of this case, the parties agreed I may look to Ms. Han’s affidavit and exhibits for the facts she pleads in support of the allegation of a marriage-like relationship.
[40] Because this is an application to amend - and Ms. Han’s allegations of fact are presumed to be true - I have not considered Mr. Dorje’s responding affidavit.
[41] Relying on affidavit evidence for an application to amend pleadings is less than ideal. It tends to merge and confuse the material facts with the evidence that would be relied on to prove those facts. In a number of places in her affidavit, for example, Ms. Han describes her feelings, impressions and understandings. A person’s hopes and intentions are not normally material facts unless they are mutual or reasonably held. The facts on which Ms. Han alleges she and Mr. Dorje formed a marriage-like relationship are more important for the present purposes than her belief they entered into a conjugal union.
[42] Somewhat unusually, in this case, almost all of the parties’ relevant communications were in writing. This makes it somewhat easier to separate the facts from the evidence; however, as stated above, it is difficult to understand the intentions and actions of a person from brief text messages.
[43] In my view, it would be a good practice for applicants who seek to amend their pleadings in family law cases to provide opposing counsel and the court with a schedule of the material facts on which they rely for the proposed amendment.
D. The Legal Concept of a Marriage-Like Relationship
[44] As Mr. Justice Myers observed in Mother 1 v. Solus Trust Company, 2019 BCSC 200, the concept of a marriage-like relationship is elastic and difficult to define. This elasticity is illustrated by the following passage from Yakiwchuk v. Oaks, 2003 SKQB 124, quoted by Myers J. at para. 133 of Mother 1:
[10] Spousal relationships are many and varied. Individuals in spousal relationships, whether they are married or not, structure their relationships differently. In some relationships there is a complete blending of finances and property - in others, spouses keep their property and finances totally separate and in still others one spouse may totally control those aspects of the relationship with the other spouse having little or no knowledge or input. For some couples, sexual relations are very important - for others, that aspect may take a back seat to companionship. Some spouses do not share the same bed. There may be a variety of reasons for this such as health or personal choice. Some people are affectionate and demonstrative. They show their feelings for their “spouse” by holding hands, touching and kissing in public. Other individuals are not demonstrative and do not engage in public displays of affection. Some “spouses” do everything together - others do nothing together. Some “spouses” vacation together and some spend their holidays apart. Some “spouses” have children - others do not. It is this variation in the way human beings structure their relationships that make the determination of when a “spousal relationship” exists difficult to determine. With married couples, the relationship is easy to establish. The marriage ceremony is a public declaration of their commitment and intent. Relationships outside marriage are much more difficult to ascertain. Rarely is there any type of “public” declaration of intent. Often people begin cohabiting with little forethought or planning. Their motivation is often nothing more than wanting to “be together”. Some individuals have chosen to enter relationships outside marriage because they did not want the legal obligations imposed by that status. Some individuals have simply given no thought as to how their relationship would operate. Often the date when the cohabitation actually began is blurred because people “ease into” situations, spending more and more time together. Agreements between people verifying when their relationship began and how it will operate often do not exist.
[45] In Mother 1, Mr. Justice Myers referred to a list of 22 factors grouped into seven categories, from Maldowich v. Penttinen, (1980), 17 R.F.L. (2d) 376 (Ont. Dist. Ct.), that have frequently been cited in this and other courts for the purpose of determining whether a relationship was marriage-like, at para. 134 of Mother 1:
1. Shelter:
(a) Did the parties live under the same roof?
(b) What were the sleeping arrangements?
(c) Did anyone else occupy or share the available accommodation?
2. Sexual and Personal Behaviour:
(a) Did the parties have sexual relations? If not, why not?
(b) Did they maintain an attitude of fidelity to each other?
(c) What were their feelings toward each other?
(d) Did they communicate on a personal level?
(e) Did they eat their meals together?
(f) What, if anything, did they do to assist each other with problems or during illness?
(g) Did they buy gifts for each other on special occasions?
3. Services:
What was the conduct and habit of the parties in relation to:
(a) preparation of meals;
(b) washing and mending clothes;
(c) shopping;
(d) household maintenance; and
(e) any other domestic services?
4. Social:
(a) Did they participate together or separately in neighbourhood and community activities?
(b) What was the relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties?
5. Societal:
What was the attitude and conduct of the community toward each of them and as a couple?
6. Support (economic):
(a) What were the financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life (food, clothing, shelter, recreation, etc.)?
(b) What were the arrangements concerning the acquisition and ownership of property?
(c) Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship?
7. Children:
What was the attitude and conduct of the parties concerning children?
[46] In Austin v. Goerz, 2007 BCCA 586, the Court of Appeal cautioned against a “checklist approach”; rather, a court should "holistically" examine all the relevant factors. Cases like Molodowich provide helpful indicators of the sorts of behaviour that society associates with a marital relationship, the Court of Appeal said; however, “the presence or absence of any particular factor cannot be determinative of whether a relationship is marriage-like” (para. 58).
[47] In Weber v. Leclerc, 2015 BCCA 492, the Court of Appeal again affirmed that there is no checklist of characteristics that will be found in all marriages and then concluded with respect to evidence of intentions:
[23] The parties’ intentions – particularly the expectation that the relationship will be of lengthy, indeterminate duration – may be of importance in determining whether a relationship is “marriage-like”. While the court will consider the evidence expressly describing the parties’ intentions during the relationship, it will also test that evidence by considering whether the objective evidence is consonant with those intentions.
[24] The question of whether a relationship is “marriage-like” will also typically depend on more than just their intentions. Objective evidence of the parties’ lifestyle and interactions will also provide direct guidance on the question of whether the relationship was “marriage-like”.
[48] Significantly for this case, the courts have looked to mutual intent in order to find a marriage-like relationship. See, for example, L.E. v. D.J., 2011 BCSC 671 and Buell v. Unger, 2011 BCSC 35; Davey Estate v. Gruyaert, 2005 CarswellBC 3456 at 13 and 35.
[49] In Mother 1, Myers J. concluded his analysis of the law with the following learned comment:
[143] Having canvassed the law relating to the nature of a marriage-like relationship, I will digress to point out the problematic nature of the concept. It may be apparent from the above that determining whether a marriage-like relationship exists sometimes seems like sand running through one's fingers. Simply put, a marriage-like relationship is akin to a marriage without the formality of a marriage. But as the cases mentioned above have noted, people treat their marriages differently and have different conceptions of what marriage entails.
[50] In short, the determination of whether the parties in this case lived in a marriage-like relationship is a fact-specific inquiry that a trial judge would need to make on a “holistic” basis, having regard to all of the evidence. While the trial judge may consider the various factors listed in the authorities, those factors would not be treated as a checklist and no single factor or category of factors would be treated as being decisive.
E. Is There a Reasonable Claim of a Marriage-Like Relationship?
[51] In this case, many of the Molodowich factors are missing:
a) The parties never lived under the same roof. They never slept together. They were never in the same place at the same time during the relationship. The last time they saw each other in person was in November 2017, before the relationship began.
b) The parties never had consensual sex. They did not hug, kiss or hold hands. With the exception of the alleged sexual assault, they never touched one another physically.
c) The parties expressed care and affection for one another, but they rarely shared personal information or interest in their lives outside of their direct topic of communication. They did not write about their families, their friends, their religious beliefs or their work.
d) They expressed concern and support for one another when the other felt unwell or experienced health issues, but they did not provide any care or assistance during illness or other problems.
e) They did not assist one another with domestic chores.
f) They did not share their relationship with their peers or their community. There is no allegation, for example, that Mr. Dorje told his fellow monks or any of his followers about the relationship. There is no allegation that Ms. Han told her friends or any co-workers. Indeed, there is no allegation that anyone, with the exception of Ms. Han’s mother, knew about the relationship. Although Mr. Dorje gave Ms. Han’s mother a gift, he never met the mother and he never spoke to her.
g) They did not intend to have a child together. The child was conceived as a result of a sexual assault. While Mr. Dorje expressed interest in “meeting” the child, he never followed up. He currently has no relationship with the child. There is no allegation he has sought access or parenting arrangements.
[52] The only Molodowich factor of any real relevance in this case is economic support. Mr. Dorje provided the funds with which Ms. Han purchased a condominium. Mr. Dorje initially wrote that he wanted to buy a property with the money, but, he wrote, “It’s the same thing if you buy [it]”.
[53] Mr. Dorje also provided a significant amount of money for Ms. Han’s postpartum care and the child’s first year of life.
[54] This financial support may have been primarily for the benefit of the child. Even the condominium, Ms. Han wrote, was primarily for the benefit of the child.
[55] However, in my view, a trial judge may attach a broader significance to the financial support from Mr. Dorje than child support alone. A trial judge may find that the money Mr. Dorje provided to Ms. Han at her request was an expression of his commitment to her in circumstances in which he could not commit physically. The money and the gifts may be seen by the trial judge to have been a form of down payment by Mr. Dorje on a promise of continued emotional and financial support for Ms. Han, or, in Mr. Dorje’s own words, “Taking care of her and you are my duty for life” (emphasis added).
[56] On the other hand, I find it difficult to attach any particular significance to the fact that Mr. Dorje agreed to provide funds for Ms. Han to purchase a wedding ring. It appears to me that Ms. Han demanded that Mr. Dorje buy her a wedding ring, not that the ring had any mutual meaning to the parties as a marriage symbol. But it is relevant, in my view, that Mr. Dorje provided $20,000 USD to Ms. Han for something she wanted that was of no benefit to the child.
[57] Further, Ms. Han alleges that the parties intended to live together. At a minimum, a trial judge may find that the discussions about where Ms. Han and the child would live reflected a mutual intention of the parties to see one another and spend time together when they could.
[58] Mr. Dorje argues that an intention to live together at some point in the future is not sufficient to show that an existing relationship was marriage-like. He argues that the question of whether the relationship was marriage-like requires more than just intentions, citing Weber, supra.
[59] In my view, the documentary evidence referred to above provides some objective evidence in this case that the parties progressed beyond mere intentions. As stated, the parties appear to have expressed genuine care and affection for one another. They appear to have discussed marriage, trust, honesty, finances, mutual obligations and acquiring family property. These are not matters one would expect Mr. Dorje to discuss with a friend or a follower, or even with the mother of his child, without a marriage-like element of the relationship.
[60] A trial judge may find on the facts alleged by Ms. Han that the parties loved one another and would have lived together, but were unable to do so because of Mr. Dorje’s religious duties and nomadic lifestyle.
[61] The question I raised in the introduction to these reasons is whether a relationship that began on-line and never moved into the physical world can be marriage-like.
[62] Notably, the definition of a spouse in the Family Law Act does not require that the parties live together, only that they live with another person in a marriage-like relationship.
[63] In Connor Estate, 2017 BCSC 978, Mr. Justice Kent found that a couple that maintained two entirely separate households and never lived under the same roof formed a marriage-like relationship. (Connor Estate was decided under the intestacy provisions of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 ("WESA"), but courts have relied on cases decided under WESA and the FLA interchangeably for their definitions of a spouse.) Mr. Justice Kent found:
[50] The evidence is overwhelming and I find as a fact that Mr. Chambers and Ms. Connor loved and cared deeply about each other, and that they had a loving and intimate relationship for over 20 years that was far more than mere friendship or even so-called "friendship with benefits". I accept Mr. Chambers' evidence that he would have liked to share a home with Ms. Connor after the separation from his wife, but was unable to do so because of Ms. Connor's hoarding illness. The evidence amply supports, and I find as a fact, that Mr. Chambers and Ms. Connor loved each other, were faithful to each other, communicated with each other almost every day when they were not together, considered themselves to be (and presented themselves to be) "husband and wife" and were accepted by all who knew them as a couple.
[64] Connor Estate may be distinguishable from this case because Mr. Chambers and Ms. Connor were physically intimate for over 20 years, and presented themselves to the world as a married couple.
[65] Other decisions in which a marriage-like relationship has been found to exist despite the parties not living together have involved circumstances in which the couple lived under the same roof at previous points in the relationship, and the issue was whether they continued to be spouses after they took up separate residences: in Thompson v. Floyd, 2001 BCCA 78, the parties had lived together for a period of at least 11 years; in Roach v. Dutra, 2010 BCCA 264, the parties had lived together for approximately three years.
[66] However, as Mr. Justice Kent noted in Connor Estate:
[48] … [W]hile much guidance might be found in this case law, the simple fact is that no two cases are identical (and indeed they usually vary widely) and it is the assessment of evidence as a whole in this particular case which matters.
[67] Mr. Justice Kent concluded:
[53] Like human beings themselves, marriage-like relationships can come in many and various shapes. In this particular case, I have no doubt that such a relationship existed …
[68] As stated, Ms. Han’s claim is novel. It may even be weak. Almost all of the traditional factors are missing. The fact that Ms. Han and Mr. Dorje never lived under the same roof, never shared a bed and never even spent time together in person will militate against a finding they lived with one another in a marriage-like relationship. However, the traditional factors are not a mandatory check-list that confines the “elastic” concept of a marriage-like relationship. And if the COVID pandemic has taught us nothing else, it is that real relationships can form, blossom and end in virtual worlds.
[69] In my view, the merits of Ms. Han’s claim should be decided on the evidence. Subject to an overriding prejudice to Mr. Dorje, she should have leave to amend the notice of family claim. However, she should also provide meaningful particulars of the alleged marriage-like relationship.
F. Delay / Prejudice
[70] Ms. Han filed her notice of family claim on July 17, 2019. She brought this application to amend approximately one year and nine months after she filed the pleading, just over two months before the original trial date.
[71] Ms. Han’s delay was made all that more remarkable by her change in position from January 19, 2021, when she confirmed, through counsel, that she was not seeking spousal support in this case.
[72] Ms. Han gave notice of her intention to proceed with this application to Mr. Dorje on March 16, 2021. By the time the application was heard, the parties had conducted examinations for discovery without covering the issues that would arise from a claim of spousal support.
[73] Also, in April, Ms. Han produced additional documents, primarily text messages, that may be relevant to her claim of spousal support, but were undecipherable to counsel for Mr. Dorje, who does not read Mandarin.
[74] This application proceeded largely on documents selected and translated by counsel for Ms. Han. I was informed that Mandarin translations of the full materials would take 150 days.
[75] Understandably in the circumstances, Mr. Dorje argued that an amendment two months before trial would be neither just nor convenient. He argued that he would be prejudiced by an adjournment so as to allow Ms. Han to advance a late claim of spousal support.
[76] The circumstances changed on May 6, 2021, when Madam Justice Walkem adjourned the trial to July 2022 and reset it for 25 days. Madam Justice Walkem noted that most of the witnesses live internationally and require translators. She also noted that paternity may be in issue, and Mr. Dorje may amend his pleadings to raise that issue. It seems clear that, altogether apart from the potential spousal support claim, the parties were not ready to proceed to trial on June 7, 2021.
[77] In my view, any remaining prejudice to Mr. Dorje is outweighed by the importance of having all of the issues between the parties decided on their merits.
[78] Ms. Han’s delay and changes of position on spousal support may be a matter to de addressed in a future order of costs; but they are not grounds on which to deny her leave to amend the notice of family claim.
CONCLUSION
[79] Ms. Han is granted leave to amend her notice of family claim in the form attached as Appendix A to the notice of application to include a claim for spousal support.
[80] Within 21 days, or such other deadline as the parties may agree, Ms. Han must provide particulars of the marriage-like relationship alleged in the amended notice of family claim.
[81] Ms. Han is entitled to costs of this application in the cause of the spousal support claim.
“Master Elwood”
in a relationship meaning 在 樂筆 x 日光實驗室 Youtube 的精選貼文
歡迎光臨~我是樂筆!
不知道大家對婚姻的想法是什麼?先看年齡與外貌?再來房有車?在一起互相取暖,哪天一言不合隨時可以打包走人?
愛是一種感覺,還是愛可以是一種決定?
其實婚姻是盟約,不是契約:「契約」載明雙方要履行的條件,如果不能做到,就可以終止契約;但「盟約」是份深情的承諾,不論颳風下雨、生老病死,我們永遠彼此相愛、一起共度難關。
愛是「1+1大於2」不是一定要有你,但有你的人生更好。
愛也是「0.5+0.5=1」我們學習給予、付出,甚至彼此犧牲,所以才完全。
認識Hibbii的過程很妙,在網路上。他是非常熱情主動、貼心又細膩的姐姐,謝謝他來「歡迎光臨」分享身為初戀未婚妻的真實故事!(節目播出時變成已婚人妻了)
或許現在的你不一定有經歷,但永遠要相信!你是被愛的!
祝福大家都成為「對的人」!
Welcome to Sunlight~
What do you think about marriage? Consider age and appearance first? House and cars go second? Being in a relationship when you're in need, and whenever you disagree with each other, you end it?
Is love a kind of feeling or love can be a decision?
In fact, marriage is not a contract but a covenant. Contract states and explains a formal agreement between two different people. If one doesn't perform, the other can terminate.
On the other hand, covenant is an affectionate promise. It means that no matter what happens, we love each other forever and weather the storm together.
Love is "1+1 greater than 2", meaning that I don't need to be with you, but my life will be better because of you.
Love is also "0.5+0.5=1". We learn giving and sacrificing, so that we can fulfill each other.
It's amazing to get acquainted with Hibbii online. She's extremely enthusiastic, positive, thoughtful and attentive.
So grateful she comes and shares her real story as fiancée of her first love! (She has been a wife when the program aired)
You might not know much about that, but you should believe that you're beloved all the time!
Hope you become Mr. or Miss Right!
📁節目收聽方式:
Apple Podcast、KKBOX、Spotify、SoundOn 🔍歡迎光臨
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✒️Facebook:https://www.facebook.com/sunlightpen007/
✒️Instagram:https://www.instagram.com/sunlight007_/
✒️合作邀約:hisunlight007@gmail.com
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主持人兼編輯 Host/Editor/:樂筆
剪接師 Sound Editor:Papa.H
翻譯 Translator:Youli
in a relationship meaning 在 電扶梯走左邊 Jacky Youtube 的最讚貼文
✨本集來賓:Sean 是我在 Instagram 紐約的同事
- 我們雖然在 IG 不同 Team 在一些project合作過的經驗 | Projects we collaborated on at IG on different teams
- 在Facebook可怕的升遷制度學到的經驗 | Lessons learned from Facebook's tough promotion
- 如何在大公司內離開舒適圈 | Leaving your comfort zone at a big company
- 哪一本書讓Sean學到如何對自己的快樂負責走出低潮療癒自我 | The book that helped Sean take responsibility of happiness & self healing
- 忙碌的幻覺 | The mirage of busyness
- 一個健康的感情該有的依賴獨立觀念 | What a healthy relationship looks like in terms of dependency
- 還有Sean 做很多有趣的自我實驗 | Interesting social experiments Sean did
📚 Books mentioned:
- The Happiness Project
- Essentialism
- Extreme Ownership
- 7 Habits of Highly Effective People
- Working Out Loud
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/
***
(00:02:20) 紐約疫情爆發的恐怖經驗 | Covid19 disaster in New York
(00:04:55) 台灣長大,美國念書的文化衝擊,如何融入 | Growing up in Taiwan, moving to the US, culture shock and assimilating
(00:07:27) 回來當兵?!| Military Service?
(00:07:40) 進Facebook的經驗,Instagram的工作經驗 | Experience joining Facebook and working at Instagram
(00:12:47) 如何在大公司跳出舒適圈,挑戰新領域 | Leaving your comfort zone at a big company, trying a new area
(00:17:25) Instagram工作的有趣經歷 | Interesting working experience at Instagram
(00:20:02) 職涯的意義 | Sean's career meaning
(00:23:48) 大家不喜歡「改變」這件事 | People resist change
(00:27:35) Kobe的啟發跟過世 | Kobe's inspiration & legacy
(00:32:22) 5am 早起運動,借助團體的力量達成更好的自律 | 5 am workouts, the power of communities
(00:34:12) 時間管理的好習慣 | Time management habits
(00:37:15) 最有影響的書幫他走出低潮療癒自我 | Most influential book to get through dark time & self heal
(00:39:41) 健康感情如何不失去自我 | How to not lose yourself in a healthy relationship
(00:44:26) 從 Facebook 升遷的壓力學到的慘痛經驗,解決問題代替責怪 | Lesson learned from Facebook's tough promotion pressure, ownership over blame game
(00:49:56) 如何改進 反省自己 | How to self reflect & improve
(00:52:40) 成功的定義 | Definition of success
(00:54:39) 快樂的定義 | Definition of happiness
(00:55:56) 如何改變世界 | How to change the world
(00:57:43) 一年吃素挑戰 | Vegetarian challenge for a year
(1:03:01) 總結 | Conclusion
in a relationship meaning 在 Lisa hui 許靜雯 Youtube 的最佳貼文
牽著我的手帶我飛?
你可以帶Lisa飛嗎?
作詞作曲編曲: Lisa Hui
主唱與和音:Lisa Hui
音樂後期與歌詞視頻製作:Lisa Hui
音樂製作:Lisa Hui
緣分帶來了好奇與完美的期待, 可是次次沒到結局就徹底失望。世界這麼多人? 為何卻與你相遇以及陷入愛的危險旅程以及危險懸崖?
Lisa不要您的任何承諾,因為承諾都是美麗而令人心碎的謊言,有誰確保能走到最後?其實只要你在相戀的過程中讓Lisa日日開心就好了...
您可以永遠帶著Lisa一起飛嗎?
這首曲子的特別就是Rnb與暗黑的Rock元素再加上中國風。一開始的鼓聲是Lisa打開對愛情的心窗大門,讓你牽著她的手帶她飛,離開她心裡的黑暗世界。只要溫柔的親吻Lisa額頭,她就肯和你走出她幽暗心靈世界。男人都是多心的愛人, 就算你多心, lisa也不需要你的改變, 只要你可讓Lisa日日開開心心,日夜愉快,就算最後這段感情全是謊言讓lisa傷痕累累,,Lisa都願意冒這個險,伴隨這短暫人生的快樂,享受這段溫存。
最後音樂的結尾也是鼓聲的結尾,就是Lisa把自己再次關進了門裡。代表這一切美麗的愛情是不存在的, 都是自己Lisa騙自己,所以音樂的尾聲是代表在她雖然把門關上了,當然,憤怒歸憤怒,可是那些愛情的回憶就跟曲子的結尾一樣,一直會在心底揮之不去。
Lyrics, Composer and Arranger: Lisa Hui
Lyrics video production: Lisa Hui
Music production: Lisa Hui
Take my hand and fly me? Can you fly Lisa? Fate brings curiosity and perfection expectations, but every time it reaches the end, I am completely disappointed. So many people in the world? Why would I meet you and fall into a dangerous journey of love? Looks like Lisa want to go to the cliff?
Lisa doesn't want any of your promises, because promises are beautiful and heartbreaking lies. Who can make sure that they will come to the end? In fact, as long as you make Lisa happy every day in the process of falling in love... Can you fly with Lisa forever? The special thing about this song is that Rnb and dark Rock elements set off the rhythm of Chinese style percussion. The drumbeat at the beginning was when Lisa opened the door to love, let you take her by the hand and lead her to fly away from the dark world in her heart. As long as you gently kiss Lisa's forehead, she is willing to walk out of her dark world with you.
Men are hearty lovers like Casanova. Even if you are a Casanova, Lisa does not need your change. As long as you can make Lisa happy daily day and night, even if the relationship lasts with all lies .
Lisa is willing to take this risk, accompany you through the happiness of this short life, and enjoy this tenderness.
The end of the music is also the end of the drums, meaning that Lisa shut herself in the door again. It means that all this beautiful love does not exist, it is Lisa who lied to herself, so the end of the music means that although she closed the door, besides her anger, the memories of those love are still the same as the end of the song music, which has been echoey waving in her heart that won't go away and will stay forever.