traditional line meaning的八卦，Yahoo名人娛樂都在討論

屏東的原住民文化，有空也去體驗看看吧！風味餐好好吃呦😋😋

#timefortaiwan

屏東有一個地方，每天都排滿了人，大家等的不是超級巨星，也不是米其林美食，而是台灣現在最熱門的景點，山川琉璃吊橋
There is a place in Pingtung where people are waiting in line everyday. Not for a superstar and not for Michelin restaurant, It’s for one of Taiwan’s most popular travel sight– Shanchuan glass suspension bridge

2016-2017 Episode 10 Aboriginal Culture & Shanchuan glass suspension bridge Tour 原住民文化之旅(屏東)
Transcript 影片文字稿：

歡迎來到台灣，我是林柏妤
Welcome to TAIWAN, I am Poyu Lin

我熱愛旅行，也喜歡在台灣趴趴走
I love to travel ,love wandering around in Taiwan.

這是台灣最長的吊橋
This is the longest suspension bridge in Taiwan.

這是台灣最漂亮的原住民部落
This is the most beautiful native tribe in Taiwan.

這真是一趟令人期待的旅行，準備好了嗎？我們去屏～東～
I’m so looking forward to this trip; Ready ?lets take off to Pingtung.

屏東有一個地方，每天都排滿了人，大家等的不是超級巨星，也不是米其林美食，而是台灣現在最熱門的景點，山川琉璃吊橋
There is a place in Pingtung where people are waiting in line everyday. Not for a superstar and not for Michelin restaurant, It’s for one of Taiwan’s most popular travel sight– Shanchuan glass suspension bridge.

提醒大家，為了安全，走吊橋時是不能夠撐傘的
Just remind for your safety,do not use umbrella when you walk through the bridge.

這是我的票，這裡每天開放參觀的人數有限，沒有事先預約人就只能看運氣了
I got my ticket, they limit the number of people that can visit per day, so remember to make your reservations. Or try your luck.

山川琉璃吊橋總長262公尺，是台灣目前最長的吊橋，走一趟大概要花半個小時，除了可以欣賞壯麗的風景，具有設計感的吊橋，展現當地原住民，特有的藝術文化想要更進一步，了解魯凱族和排灣族，禮納里是一個不錯的選擇
At a length of 262m it becomes longest suspension bridge in Taiwan. It takes about half an hour to walk across the bridge. The bridge doesn't just come with a spectacular view; the bridge itself is a wonder. The bridge is covered with aboriginal arts. If you want to understand more about the Rukai tribe and Paiwan tribe, Rinari is a good choice.

2009年的莫拉克颱風，摧毀了瑪家、好茶及大社三個部落，他們離開原鄉的土地，在這裡展開新的生活，取名叫禮納里，意思就是「等待恩典的地方」
In 2009 Typhoon Morakot destroyed Majia, Haocha, and Taisha tribe. These tribes left their homeland and started their new life in Rinari, meaning a place to wait for grace.

禮納里被譽為「台灣的普羅旺斯」，在這，你一定會相機拍個不停，這個穿山甲，其實是一座籃球場，這個像星際大戰裡的黑武士，它是部落的「青年集會所」
Rinari is also known as the Provence of Taiwan, your camera shutter won’t be stopping, see this Pangolin building it is actually a basketball court; this Darth Vader lookalike is actually a gathering place where teenagers social.

這棟橘色的玻璃屋，叫做「瑪家穀倉」，聽說裡面有很好吃的紅寶石
This orange glass house is Majia’s Village of Paiwan Tribe’s barn. There are yummy Rubies inside.

好吃的紅寶石，指的是台灣原生種的紅藜，它在未脫殼之前，有著非常漂亮的顏色，這傳統作物極具養生價值，如今已被世人所重視
Rubies are actually locally grown red quinoa. Before de-shelling it has a splashing beautiful colour, this ancient crop that has great nutritious value is slowly getting its spotlight.

現在我要來嚐嚐，道地的排灣族美食，這個山芋頭看起來好可愛，它有一個特別的吃法，春花媽媽麻煩您教我們一下
Now Iam going to have a taste of Paiwan’s traditional food, this taro looks so cute , there is a special way to eat it ,Ch'un Hua VuVu can you the teach me?

沒問題，把這個山芋頭握在手中，然後用力的擠壓它
No problem, First , the taro put in your hand,then be hard extrusion it.

好厲害喔！妳是如何辦到的？我也來試試看
Amazing ,How convenient and easy?I try it.

用力
extrusion it.

在部落裡，每個家屋都有自己的特色，從這些裝飾，你可以清楚的了解，每一個主人的個性和專長，甚至是在部落裡的地位
In a village, every house has their own characteristic, from these decorations you can see every owners character and specialty, sometimes you may even see his tribal status.

這是什麼
What is this?

小米
Millet.

這個超可愛的
It’s so cute.

小米對原住民來說，是一種非常重要的作物，除此之外，還有許多原住民的文化，等著我們去發掘，所以藉這難得的機會，我決定來一趟夜訪禮納里，深入體驗部落的生活
Millet is very important for the aboriginals. There are so many other traditions that waiting for us to discover. Using this opportunity I decided to visit Rinari at night, dive deeper into the life of the villagers.

原住民的歌謠，具有獨特的旋律，其中更代表著每一個部落文化的傳承及祖先的智慧、期盼與叮嚀，藉由好聽的歌聲，換個方式，感受原住民文化的迷人之處
Aboriginal ballads have very unique rhythms, each representing the village’s tradition and culture, the elders’ wisdom, expectations, and exhort. These aboriginal songs charms you to the bottom of your hear.

有機會可以來這裡逛逛，我是林柏妤，享受在台灣的時光，我們下次見
Come to try it when you have Chance,I am Poyu Lin, enjoy your time in Taiwan! Chow～see you next time.

Nobody’s Fool　　( January 2011 )

Yoshitomo Nara

Do people look to my childhood for sources of my imagery? Back then, the snow-covered fields of the north were about as far away as you could get from the rapid economic growth happening elsewhere. Both my parents worked and my brothers were much older, so the only one home to greet me when I got back from elementary school was a stray cat we’d taken in. Even so, this was the center of my world. In my lonely room, I would twist the radio dial to the American military base station and out blasted rock and roll music. One of history’s first man-made satellites revolved around me up in the night sky. There I was, in touch with the stars and radio waves.

It doesn’t take much imagination to envision how a lonely childhood in such surroundings might give rise to the sensibility in my work. In fact, I also used to believe in this connection. I would close my eyes and conjure childhood scenes, letting my imagination amplify them like the music coming from my speakers.

But now, past the age of fifty and more cool-headed, I’ve begun to wonder how big a role childhood plays in making us who we are as adults. Looking through reproductions of the countless works I’ve made between my late twenties and now, I get the feeling that childhood experiences were merely a catalyst. My art derives less from the self-centered instincts of childhood than from the day-to-day sensory experiences of an adult who has left this realm behind. And, ultimately, taking the big steps pales in importance to the daily need to keep on walking.

While I was in high school, before I had anything to do with art, I worked part-time in a rock café. There I became friends with a graduate student of mathematics who one day started telling me, in layman’s terms, about his major in topology. His explanation made the subject seem less like a branch of mathematics than some fascinating organic philosophy. My understanding is that topology offers you a way to discover the underlying sameness of countless, seemingly disparate, forms. Conversely, it explains why many people, when confronted with apparently identical things, will accept a fake as the genuine article. I later went on to study art, live in Germany, and travel around the world, and the broader perspective I’ve gained has shown me that topology has long been a subtext of my thinking. The more we add complexity, the more we obscure what is truly valuable. Perhaps the reason I began, in the mid-90s, trying to make paintings as simple as possible stems from that introduction to topology gained in my youth.

As a kid listening to U.S. armed-forces radio, I had no idea what the lyrics meant, but I loved the melody and rhythm of the music. In junior high school, my friends and I were already discussing rock and roll like credible music critics, and by the time I started high school, I was hanging out in rock coffee shops and going to live shows. We may have been a small group of social outcasts, but the older kids, who smoked cigarettes and drank, talked to us all night long about movies they’d seen or books they’d read. If the nighttime student quarter had been the school, I’m sure I would have been a straight-A student.

In the 80s, I left my hometown to attend art school, where I was anything but an honors student. There, a model student was one who brought a researcher’s focus to the work at hand. Your bookshelves were stacked with catalogues and reference materials. When you weren’t working away in your studio, you were meeting with like-minded classmates to discuss art past and present, including your own. You were hoping to set new trends in motion. Wholly lacking any grand ambition, I fell well short of this model, with most of my paintings done to satisfy class assignments. I was, however, filling every one of my notebooks, sketchbooks, and scraps of wrapping paper with crazy, graffiti-like drawings.

Looking back on my younger days—Where did where all that sparkling energy go? I used the money from part-time jobs to buy record albums instead of art supplies and catalogues. I went to movies and concerts, hung out with my girlfriend, did funky drawings on paper, and made midnight raids on friends whose boarding-room lights still happened to be on. I spent the passions of my student days outside the school studio. This is not to say I wasn’t envious of the kids who earned the teachers’ praise or who debuted their talents in early exhibitions. Maybe envy is the wrong word. I guess I had the feeling that we were living in separate worlds. Like puffs of cigarette smoke or the rock songs from my speaker, my adolescent energies all vanished in the sky.

Being outside the city and surrounded by rice fields, my art school had no art scene to speak of—I imagined the art world existing in some unknown dimension, like that of TV or the movies. At the time, art could only be discussed in a Western context, and, therefore, seemed unreal. But just as every country kid dreams of life in the big city, this shaky art-school student had visions of the dazzling, far-off realm of contemporary art. Along with this yearning was an equally strong belief that I didn’t deserve admittance to such a world. A typical provincial underachiever!

I did, however, love to draw every day and the scrawled sketches, never shown to anybody, started piling up. Like journal entries reflecting the events of each day, they sometimes intersected memories from the past. My little everyday world became a trigger for the imagination, and I learned to develop and capture the imagery that arose. I was, however, still a long way off from being able to translate those countless images from paper to canvas.

Visions come to us through daydreams and fantasies. Our emotional reaction towards these images makes them real. Listening to my record collection gave me a similar experience. Before the Internet, the precious little information that did exist was to be found in the two or three music magazines available. Most of my records were imported—no liner notes or lyric sheets in Japanese. No matter how much I liked the music, living in a non-English speaking world sadly meant limited access to the meaning of the lyrics. The music came from a land of societal, religious, and subcultural sensibilities apart from my own, where people moved their bodies to it in a different rhythm. But that didn’t stop me from loving it. I never got tired of poring over every inch of the record jackets on my 12-inch vinyl LPs. I took the sounds and verses into my body. Amidst today’s superabundance of information, choosing music is about how best to single out the right album. For me, it was about making the most use of scant information to sharpen my sensibilities, imagination, and conviction. It might be one verse, melody, guitar riff, rhythmic drum beat or bass line, or record jacket that would inspire me and conjure up fresh imagery. Then, with pencil in hand, I would draw these images on paper, one after the other. Beyond good or bad, the pictures had a will of their own, inhabiting the torn pages with freedom and friendliness.

By the time I graduated from university, my painting began to approach the independence of my drawing. As a means for me to represent a world that was mine and mine alone, the paintings may not have been as nimble as the drawings, but I did them without any preliminary sketching. Prizing feelings that arose as I worked, I just kept painting and over-painting until I gained a certain freedom and the sense, though vague at the time, that I had established a singular way of putting images onto canvas. Yet, I hadn’t reached the point where I could declare that I would paint for the rest of my life.

After receiving my undergraduate degree, I entered the graduate school of my university and got a part-time job teaching at an art yobiko—a prep school for students seeking entrance to an art college. As an instructor, training students how to look at and compose things artistically, meant that I also had to learn how to verbalize my thoughts and feelings. This significant growth experience not only allowed me to take stock of my life at the time, but also provided a refreshing opportunity to connect with teenage hearts and minds.

And idealism! Talking to groups of art students, I naturally found myself describing the ideals of an artist. A painful experience for me—I still had no sense of myself as an artist. The more the students showed their affection for me, the more I felt like a failed artist masquerading as a sensei (teacher). After completing my graduate studies, I kept working as a yobiko instructor. And in telling students about the path to becoming an artist, I began to realize that I was still a student myself, with many things yet to learn. I felt that I needed to become a true art student. I decided to study in Germany. The day I left the city where I had long lived, many of my students appeared on the platform to see me off.

Life as a student in Germany was a happy time. I originally intended to go to London, but for economic reasons chose a tuition-free, and, fortunately, academism-free German school. Personal approaches coexisted with conceptual ones, and students tried out a wide range of modes of expression. Technically speaking, we were all students, but each of us brought a creator’s spirit to the fore. The strong wills and opinions of the local students, though, were well in place before they became artists thanks to the German system of early education. As a reticent foreign student from a far-off land, I must have seemed like a mute child. I decided that I would try to make myself understood not through words, but through having people look at my pictures. When winter came and leaden clouds filled the skies, I found myself slipping back to the winters of my childhood. Forgoing attempts to speak in an unknown language, I redoubled my efforts to express myself through visions of my private world. Thinking rather than talking, then illustrating this thought process in drawings and, finally, realizing it in a painting. Instead of defeating you in an argument, I wanted to invite you inside me. Here I was, in a most unexpected place, rediscovering a value that I thought I had lost—I felt that I had finally gained the ability to learn and think, that I had become a student in the truest sense of the word.

But I still wasn’t your typical honors student. My paintings clearly didn’t look like contemporary art, and nobody would say my images fit in the context of European painting. They did, however, catch the gaze of dealers who, with their antennae out for young artists, saw my paintings as new objects that belonged less to the singular world of art and more to the realm of everyday life. Several were impressed by the freshness of my art, and before I knew it, I was invited to hold exhibitions in established galleries—a big step into a wider world.

The six years that I spent in Germany after completing my studies and before returning to Japan were golden days, both for me and my work. Every day and every night, I worked tirelessly to fix onto canvas all the visions that welled up in my head. My living space/studio was in a dreary, concrete former factory building on the outskirts of Cologne. It was the center of my world. Late at night, my surroundings were enveloped in darkness, but my studio was brightly lit. The songs of folk poets flowed out of my speakers. In that place, standing in front of the canvas sometimes felt like traveling on a solitary voyage in outer space—a lonely little spacecraft floating in the darkness of the void. My spaceship could go anywhere in this fantasy while I was painting, even to the edge of the universe.

Suddenly one day, I was flung outside—my spaceship was to be scrapped. My little vehicle turned back into an old concrete building, one that was slated for destruction because it was falling apart. Having lost the spaceship that had accompanied me on my lonely travels, and lacking the energy to look for a new studio, I immediately decided that I might as well go back to my homeland. It was painful and sad to leave the country where I had lived for twelve years and the handful of people I could call friends. But I had lost my ship. The only place I thought to land was my mother country, where long ago those teenagers had waved me goodbye and, in retrospect, whose letters to me while I was in Germany were a valuable source of fuel.

After my long space flight, I returned to Japan with the strange sense of having made a full orbit around the planet. The new studio was a little warehouse on the outskirts of Tokyo, in an area dotted with rice fields and small factories. When the wind blew, swirls of dust slipped in through the cracks, and water leaked down the walls in heavy rains. In my dilapidated warehouse, only one sheet of corrugated metal separated me from the summer heat and winter cold. Despite the funky environment, I was somehow able to keep in midnight contact with the cosmos—the beings I had drawn and painted in Germany began to mature. The emotional quality of the earlier work gave way to a new sense of composure. I worked at refining the former impulsiveness of the drawings and the monochromatic, almost reverent, backgrounds of the paintings. In my pursuit of fresh imagery, I switched from idle experimentation to a more workmanlike approach towards capturing what I saw beyond the canvas.

Children and animals—what simple motifs! Appearing on neat canvases or in ephemeral drawings, these figures are easy on the viewers’ eyes. Occasionally, they shake off my intentions and leap to the feet of their audience, never to return. Because my motifs are accessible, they are often only understood on a superficial level. Sometimes art that results from a long process of development receives only shallow general acceptance, and those who should be interpreting it fail to do so, either through a lack of knowledge or insufficient powers of expression. Take, for example, the music of a specific era. People who lived during this era will naturally appreciate the music that was then popular. Few of these listeners, however, will know, let alone value, the music produced by minor labels, by introspective musicians working under the radar, because it’s music that’s made in answer to an individual’s desire, not the desires of the times. In this way, people who say that “Nara loves rock,” or “Nara loves punk” should see my album collection. Of four thousand records there are probably fewer than fifty punk albums. I do have a lot of 60s and 70s rock and roll, but most of my music is from little labels that never saw commercial success—traditional roots music by black musicians and white musicians, and contemplative folk. The spirit of any era gives birth to trends and fashions as well as their opposite: countless introspective individual worlds. A simultaneous embrace of both has cultivated my sensibility and way of thinking. My artwork is merely the tip of the iceberg that is my self. But if you analyzed the DNA from this tip, you would probably discover a new way of looking at my art. My viewers become a true audience when they take what I’ve made and make it their own. That’s the moment the works gain their freedom, even from their maker.

After contemplative folk singers taught me about deep empathy, the punk rockers schooled me in explosive expression.

I was born on this star, and I’m still breathing. Since childhood, I’ve been a jumble of things learned and experienced and memories that can’t be forgotten. Their involuntary locomotion is my inspiration. I don’t express in words the contents of my work. I’ll only tell you my history. The countless stories living inside my work would become mere fabrications the moment I put them into words. Instead, I use my pencil to turn them into pictures. Standing before the dark abyss, here’s hoping my spaceship launches safely tonight….

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”