台積電的「無條件」十分珍貴

昨天，總統接見了台積電董事長與鴻海董事長郭台銘，行政院也正式授權兩家公司代表政府接洽BNT疫苗的採購！
台積電突然與永齡基金會並肩而起，首度在國人面前展示它對捐助疫苗的行動，媒體透露都是台積電是6月10日前後提案申請的，宛如台積電的行動是後發、突然冒出來的。這種戲劇性的驚奇振奮人心，人民心中對疫苗夠不夠的問題，突然感覺前途一片光明，也對BNT疫苗採購的「一中」疑慮，頓時陰霾盡去！
鴻海和德國輝瑞與上海復興談採購疫苗的行動，曠日費時，從「三方合約談」到最近披露而未經證實的「四方合約」，一切未果。裹足不前的背後有中國對「一中」政治的執念作梗，自不在話下。如今台積電並肩而起，才兩家公司，就量變帶來質變，氣勢雷霆萬鈞而來。
全球經濟命脈所繫的兩大供應商陣勢擺出來，背後代表的利害關係，不只德國輝瑞是主角，德國政府不也搶過晶片，美國政府、美國的蘋果不也關心供應鏈⋯⋯全球晶片兩大供應商涉及的經濟動脈，哪一個國家沒有被牽涉進來？不幾乎就是全球經濟命脈的利害關係強而有力的擺在眼前了嗎？
此時，「一中」的政治因素如果要干擾，如何能不被視為不識大體、食古不化的偏執？中國恐怕只能退守到表面的面子問題去主張了吧？！

台積電願意捐贈500萬劑疫苗，加入敲門採購BNT疫苗的行列，預期將為中國對台灣作梗這個令國際社會痛苦的「一中」麻煩，創造一個務實的處理模式，我們拭目以待！
我特別分享5/24這篇報導，根據這篇報導，台灣在疫情一爆發的五月中旬，「晶片供應」面臨風險的顧慮就出現，「保護台積電」成為蘋果公司的關切（，根據5/24這篇報導，蘋果公司在當時，就希望幫助台積電和員工家屬取得BNT疫苗或莫德納疫苗（台積電對報導不予評論，對國內媒體則表示：純屬傳言）
蘋果公司幫忙台積電這種傳言，就是基於全球經濟命脈的邏輯，台積電及其員工家屬的安全，事關全球經濟會不會停滯，首當其衝就是蘋果公司。

大家看到：蘋果公司要幫忙的是台積電這種邏輯的背後，顯示台積電的員工和家屬施打疫苗，符合蘋果公司的利益、也符合全球經濟發展的利益。但是，將近一個月後，台積電公開其捐贈500萬劑疫苗給國家的行動，特別說明，沒有附帶條件，也就是沒有要求保留份額給台積電員工和家屬施打！

台積電因為掌握全球經濟命脈，超國家的力量都紛紛發聲要保護它（我也在臉書分享美國戰略專家的呼籲），台積電把這些助力，全然無私的轉移用來保護台灣！
分享這篇文章，是想讓大家知道：台積電的「無條件」多麼珍貴！台灣人民應該感動、感謝！
超國家的經濟勢力要保護台積電的供應，蘋果當然不會例外，因此我也相信，蘋果公司看在眼裏也會感動，參與者看在眼裏也都會感動！台積電現身說法，告訴大家：台灣值得台積電這麼做！

今天，我認為最需要讓台灣同胞知道的，是台積電的無私！
謝謝台積電！

**報導的部分內容：
Patently Apple 引用了一份未具名的台灣報導，稱 Apple 正試圖提供幫助。

市場報導稱，由於蘋果擔心晶片斷線，正在幫助台積電和員工家屬獲得輝瑞或Moderna疫苗。 對此，台積電拒絕就此事發表評論。
台積電是蘋果的重要供應商，其產量的任何減少都可能對幾乎所有蘋果產品的供應產生巨大影響，從 Apple Watch 到 Mac。

https://www.google.com/amp/s/9to5mac.com/2021/05/24/apple-helping-tsmc-vaccines/amp/

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”

【#今週の日本 0314-0320】#哲看新聞學日文
-
■渡辺直美を豚に見立てる演出案で東京オリ・パラ開閉会式の統括責任者 佐々木氏辞任へ｜#NHK

■提議渡邊直美扮豬演出　東京奧運、帕運開閉幕統籌負責人佐佐木宏請辭｜NHK
-
🇯🇵東京オリンピック・パラリンピックの開閉会式の統括責任者を務める佐々木宏は去年3月、大会の演出チームのLINE上のやり取りで、渡辺直美を豚に見立てる演出案を提案し、みずからの不適切な表現やアイデアの責任を取りたいとして18日辞任することになりました。渡辺直美は「私自身正直驚いております」「実際、私自身はこの体型で幸せです」などのコメントを発表しました。

🇹🇼東京奧運、帕運開閉幕的統籌負責人佐佐木宏，去年3月在奧運表演團隊的LINE群組對話中，提議渡邊直美扮演豬演出，為了對自己不恰當的行為及意見負責，佐佐木18日引咎辭職。渡邊直美透過聲明表示，「說實話我非常驚訝」、「事實上，我對自己這樣的體型感到幸福」。
-
■東京五輪、海外客受け入れ見送り正式決定　国内客は4月中に判断｜#毎日新聞

■東京奧運正式決定不接受海外觀眾　國內觀眾待4月中判斷｜每日新聞
-
🇯🇵東京オリンピック・パラリンピック組織委員会と政府、東京都は20日、国際オリンピック委員会（IOC）、国際パラリンピック委員会（IPC）の代表者を交えた5者協議を開き、新型コロナウイルスの感染拡大を防ぐ目的で海外からの観客受け入れ見送りを正式に決めた。国内観客の上限は、感染状況やスポーツイベントの実施状況を踏まえて4月中に判断する。

🇹🇼東京奧運・帕運組織委員會、日本政府及東京都20日舉行與國際奧運委員會（IOC）、國際帕運委員會（IPC）代表的5方會談，為防止新冠病毒疫情擴大，正式決定不接受來自海外的觀眾。國內觀眾的人數上限，則將根據感染狀況及體育活動的實施狀況，於4月中另行判斷。
-
■同性婚認めないのは違憲の初判断 札幌地裁｜#NHK

■札幌地方法院首判不承認同婚違憲｜NHK
-
🇯🇵同性どうしの結婚が認められないのは憲法に違反するとして北海道に住む同性カップル3組が訴えた裁判で、札幌地方裁判所は「同性愛者と異性愛者の違いは人の意思によって選択できない性的指向の違いでしかなく、受けられる法的利益に差はないといわなければならない。同性愛者が婚姻によって生じる法的利益の一部すらも受けられないのは合理的な根拠を欠いた差別的な取り扱いだ」などとして、法の下の平等を定めた憲法14条に違反するという初めての判断を示しました。

🇹🇼住在北海道的3對同性伴侶主張不承認同性婚姻是違憲並提出告訴，札幌地方法院在判決中指出，「同性戀與異性戀之間的差異，是無法依照人的意志來選擇的性傾向的差異，不僅如此，必須說兩者能獲得的法律權益是沒有差別的。同性伴侶甚至連因婚姻產生的法律權益的一部分也無法得到，這是缺乏合理根據的差別待遇」，首度判決日本政府違反憲法第14條法律之下人人平等的原則。
-
■菅首相が初のコロナワクチン接種　「痛くない」安全性アピール｜#時事通信

■菅首相首次接種新冠病毒疫苗　「不會痛」強調安全性｜時事通信
-
🇯🇵菅義偉首相は１６日、国立国際医療研究センター（東京都新宿区）を訪れ、４月前半に予定する米国訪問を前に、新型コロナウイルスワクチンを初めて接種した。この後、記者団に「痛そうだったが、そんなに痛くもなく、スムーズに終えることができた」と語った。首相は、ワクチン接種の安全性をアピールするため接種の様子を公開。沖縄の夏服「かりゆしウエア」に着替え、医師の診察を受けてから左上腕部に接種を受けた。記者団には「国民の皆さんに接種してもらえるような環境もしっかりつくっていきたい」と強調した。

🇹🇼首相菅義偉16日到訪國立國際醫療研究中心（東京都新宿區），在4月初預定訪問美國之前，首次接種了新冠病毒疫苗。接種完成後，菅義偉對記者團表示，「雖然看起來很痛，但是也沒有那麼痛，能夠順利地完成接種」。為了強調疫苗接種的安全性，菅義偉公開了他接種時的照片。他在換上了沖繩的夏季服裝「かりゆしウエア」並接受醫師診察之後，於左上臂處注射了疫苗。菅義偉對記者團強調，「我想要努力打造讓國民都能夠接種疫苗的環境。」
-
■「レジ打ちしているみたい」梅子は売り上げ貢献の看板犬…ＳＮＳ再生１３５万回｜#読売新聞

■「好像在收銀一樣」梅子是貢獻銷售額的看板犬…社群媒體上觀看數達135萬次｜讀賣新聞
-
🇯🇵秋田県小坂町の酒店で飼われている秋田犬が、レジカウンターに立つ看板犬としてＳＮＳで人気を集めている。飼い主の高橋延枝さん（５６）がツイッターに動画を投稿すると、再生回数が約１３５万回となった。秋田犬は雌の梅子（７か月）。高橋さん夫婦が営む「リカーショップたかはし」で２月末、梅子が後ろ脚のつま先で立ち、レジに置かれた電卓を取ろうとする様子を動画で撮影し、「店員さん七ヶ月」と題して投稿。「かわいい店員さん」「レジ打ちしているみたい」と人気になり、店には梅子目当てに多くの人が訪れるようになった。

🇹🇼秋田縣小坂町的酒店飼養的一隻秋田犬，作為站在收銀機前的看板犬，在社群媒體上爆紅。飼主高橋延枝（56歲）在Twitter上PO出影片後，觀看次數達到135萬次。秋田犬是一隻叫做梅子的7個月大的母狗。高橋延枝夫妻2月底時，在兩人經營的「酒店高橋」店內錄下了，梅子用後腳腳尖站立、打算要拿放在收銀機上的計算機的模樣，並打上「店員小姐7個月大」的標題PO上Twitter。推友留言表示，「好可愛的店員小姐」、「好像在收銀一樣」，瞬間爆紅，酒店也出現了很多為了要一探梅子真面目的客人光臨。
-
■和歌山の地震発生で人気アニメ「進撃の巨人」放送中断｜#東スポ

■人氣動畫《進擊的巨人》因和歌山地震中斷播出｜東京體育
-
🇯🇵１５日、午前０時２６分ごろ和歌山県で最大震度５弱を観測する地震が発生。これを受けて、ＮＨＫの人気アニメ「進撃の巨人　Ｔｈｅ　Ｆｉｎａｌ　Ｓｅａｓｏｎ」（午前０時１０分から）が放送中断された。ＮＨＫはテロップで速報し、その後、臨時ニュースに切り替え地震情報を伝えた。今回の「暴悪」終了目前とあってネットでは中断を悲しむ声が散見された。ＮＨＫアニメの公式ツイッターは０時４３分に「今後の放送予定はあらためてご案内します。」とアナウンス。

🇹🇼和歌山縣15日凌晨0點26分左右觀測到最大震度5弱的地震。受此影響，NHK自當日0點10分開始播放的人氣動畫《進擊的巨人 The Final Season》被迫中斷。NHK當下以跑馬燈速報，然後插播地震快訊。而因為這集的「暴悪」在事發當時即將播畢，以致於網路上充滿因中斷而哀號的聲音。NHK動畫的官方Twitter於0點43分推文表示，「接下來的節目表會再另行通知」。
-
■七色に光る「流れ星新幹線」九州を北上　777の願い乗せ特別運行｜#産経新聞

■七彩光芒「流星新幹線」北上九州　乘載777個願望特別行駛｜產經新聞
-
🇯🇵九州新幹線鹿児島ルートの全線開業10周年を記念して14日夜、特殊な照明によって窓から七色の光を放ちながら走る「流れ星新幹線」が、鹿児島中央駅（鹿児島市）から博多駅（福岡市）まで特別運行した。新型コロナウイルス感染拡大で社会が重く沈む中、「九州に希望の光をともし、明るい未来を築こう」との思いを込めた。先頭車両に青や紫で流れ星がデザインされた新幹線は、外装や車内ポスターに公募で選ばれた777点の願いごとを掲載。

🇹🇼為慶祝九州新幹線鹿兒島線全線開業10周年，14日晚間，一輛透過特殊照明能從窗戶散發出七彩光芒的「流星新幹線」，特別從鹿兒島中央車站（鹿兒島市）啟程，一路行駛至博多車站（福岡市）。在新冠病毒疫情擴大使社會備受沉重之中，流星新幹線傾注了「為九州點亮希望之光，一起打造明亮的未來」的概念。這輛車頭以藍色和紫色流星設計的新幹線，車體外觀及車內海報都刊載了公開招募選上的777個願望。
-
【新聞單字片語】

★女性蔑視（じょせいべっし）④〔名〕：女性歧視
★やり取り（やりとり）②〔名〕：對話
★見立てる（みたてる）⓪〔動下〕：比擬

★東京五輪（とうきょうごりん）⑤〔名〕：東京奧運
★見送り（みおくり）⓪〔名〕：放棄
★踏まえる（ふまえる）③〔動下〕：根據…

★同性婚（どうせいこん）⓪〔名〕：同性婚姻
★違憲（いけん）⓪〔名〕：違憲
★裁判（さいばん）①〔名〕：審判

★接種（せっしゅ）①〔名〕：接種
★アピール（あぴーる）②〔名〕：appeal，呼籲
★スムーズ（すむーず）②〔形動〕：smooth，順利

★看板犬（かんばんけん）⓪〔名〕：看板犬
★レジ打ち（れじうち）⓪〔名〕：收銀
★売り上げ（うりあげ）⓪〔名〕：銷售額

★進撃の巨人（しんげきのきょじん）〔名〕：進擊的巨人
★とあって〔接続〕：因為
★散見する（さんけんする）⓪〔動サ〕：到處可見

★新幹線（しんかんせん）③〔名〕：新幹線
★放つ（はなつ）②〔動五〕：發出
★築く（きずく）②〔動五〕：建立
-
【新聞關鍵字】

#女性蔑視｜#東京五輪｜#同性婚｜#接種｜#看板犬｜#進撃の巨人｜#新幹線
-
【新聞連結】

https://www.tokyo-sports.co.jp/entame/news/2890857/

https://mainichi.jp/articles/20210314/k00/00m/040/109000c?fm=line

https://www.jiji.com/jc/article?k=2021031600180&g=pol

https://www3.nhk.or.jp/news/html/20210317/k10012919141000.html

https://www3.nhk.or.jp/news/html/20210318/k10012921051000.html

https://www3.nhk.or.jp/news/html/20210318/k10012921521000.html

https://www.yomiuri.co.jp/national/20210319-OYT1T50162/

https://mainichi.jp/articles/20210320/k00/00m/050/230000c?fm=line
-
■FB：哲看新聞學日文​
■IG：@ay_japanesenews
-
#台湾　#台日友好　#台湾好きな人と繋がりたい　#日本　#日本語　#ニュース　#報道　#記事　#日本語勉強　#日文　#日本新聞　#學日文　#日語學習

中華民國的國旗出現在他們的反恐影帶當中，有人擔心我們會不會成為被攻擊的箭靶，就來看到今天的新聞原文。
The appearance of Taiwan’s flag in a new Islamic State propaganda video prompted President Ma Ying-jeou to appeal to the public for calm.

propaganda (政府機關的)樣板宣傳，政令宣導
South Korea says it will not stop propaganda broadcasts into the North.

prompt 引發，促使，提示
The violence prompted a wave of refugees to flee the country.

appeal 呼籲，上訴，有吸引力
She started an appeal to help the homeless.