關於 the fourth estate ，我們在網路上蒐集到這些相關的討論、資訊與評價

In vacation mode. A busy week for earnings, but I hope it will be a week for me to relax.

🌻CPI
"There are four main trends underlying the June inflation report. First are the items where prices fell sharply at the start of the pandemic and that are now returning to their pre-pandemic levels. Second are items where prices have temporarily risen above their pre-pandemic levels due to supply constraints and could come down. Third are items where prices are likely settling at a permanently higher level. And fourth are items where price increases have slowed rather than accelerated as a result of the pandemic, at least for now."

"Increases in owners’ equivalent rents—the Labor Department’s estimate of what homeowners would have to pay each month if they were renting their own home—also haven’t rebounded very far."

"Those prices could pick up in the months ahead, Ms. Bostjancic said, in part due to rapid increases in home prices. It takes about 18 months for a rise in real-estate prices to translate into stronger owners’ equivalent rents, she said.

“That’s one of those categories that needs to catch up following the worst of the pandemic,” she said.

That could add to inflation pressures in the coming months. Shelter costs represent almost a third of the basket of goods and services that the department looks at to calculate overall inflation."

Source: https://www.wsj.com/articles/inflation-hits-some-prices-more-than-others-11626187838

🌻附上本周發表財報公司一覽表.
上週的類股表現, 並不是很好(連大型股都在跌). 看看這周的財報結果會不會有幫助.

🌻針對餐飲業做了些研究. 筆記可在下兩個地方找到.

https://docs.google.com/document/d/1fhdoW1ah60klvwZGvejQ84WNz_EKgMAL_GZURDXsCo4/edit?usp=sharing

https://docs.google.com/document/d/1KOheA9qkAFoC0swFaNZVmnDtwK_hEbXou32FSA4Lqfo/edit?usp=sharing

目前餐飲業的窘境: 餐飲業在各產業中, 薪資較低. 疫情後, 因有人怕被病毒傳染(因為餐飲業是與人高度接觸的行業之一), 或是轉往薪資較高的產業, 或是想找到生活上的平衡(因為餐飲業時間特殊), 或因為家中有幼孩需要照顧, 所以餐飲業人力資源在疫情後反彈的情況, 不若其他產業. 解法? Technology.

Pictures:
1. A Companion of Diana (1724) by Jean-Louise Lemonyne. National Art Gallery (in Washington D.C.)珍藏.
https://www.nga.gov/collection/art-object-page.1272.html
狄阿娜（拉丁語：Diana），羅馬神話中的月亮女神和狩獵女神，眾神之王朱庇特和溫柔的暗夜女神拉托娜的女兒，太陽神阿波羅的孿生姐妹。
https://zh.wikipedia.org/zh-hant/%E7%8B%84%E9%98%BF%E5%A8%9C
2. 點外帶的時候, 看到這張速食店缺工造成不便的告示, 意思就是, 因為缺工, 加上食物都是現做, 難免比之前更慢了. 請不要因此而發脾氣. 很辛苦的餐飲人員.
3. From earningswhispers.com

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”

What is a real estate bank and how to implement it to invest profitably?
December 21, 2020

Phnom Penh: What is Land Bank for sure? And what kind of investment methods should be available to make a profit? And be successful, have free cash and be able to retire for 15 years.

Nget Chou, an economist and real estate analyst, said that US real estate investors John Jacob Astor and Songsakdi used the "Land Banking" strategy. In the long run, focusing on high potential land in the suburbs has succeeded in becoming a billionaire real estate billionaire.

"Cambodia is also a country with a lot of potential in the land sector, so I believe that you, especially the youth, can use this strategy to be able to Retire only 15 years. ”

He gave the example that if you are 25 years old and you save $ 500 per month or $ 6,000 per year to invest in Land with a 20% increase in value per year, 15 years later (when you are 40) you can have about half a million dollars in assets.

Half a million dollars is not much, but you can retire if you know how to live a simple life (that is, spend less) and know Manage those assets to continue to increase revenue or as additional assets.

The above example is just a simple case, obviously if you are a person who is patient, good at saving or using capital sources from the bank and is smart. Very smart to invest in 15 years, you can save millions of dollars through real estate banks.

To achieve the above results, you should implement these 4 steps:

Building skills: You need to learn about investing and how to do land banking from experienced individuals, find out about legal, marketing and other skills. Such as negotiation, etc. In particular, you should have a person with practical experience as a mentor to help orient and advise you.

Second, investment planning: You need to use your long-term time effectively. How much land will you invest in each year? How much land? In what area? How much is the investment capital? Where do you get the capital from? What percentage of your salary is increased each year to increase your investment potential?

Third, wealth accumulation, you begin to study investment options according to the plan. Every year you follow a plan and have some flexibility depending on the actual situation. Then you wait to see the evolution through economic growth and the construction of infrastructure such as roads, water, electricity, housing and factories. Etc. Population growth is starting to pick up, demand for land is getting stronger and prices are going up accordingly.

Fourth, wealth distribution: About 15 years later, you are reaping the rewards of investing in a visionary land bank. You can sell some land to generate monthly income or sell some land to invest in a warehouse or building for rent or investment In the company, the director of the annual dividend to feed the family and enjoy a life of financial freedom.

These investment activities are all contributing to the development of the national economy. Some land that still has the potential to increase in value should continue to be kept as an asset increase.

Mr. Nget Chou stated that the above article is the result of practical implementation, study, research and analysis in the context of the Cambodian market and economy.

Stuttgart. Alongside the A-Class, the G-Class and the new four-door Mercedes-AMG GT Coupé, highlights at this year's Geneva Motor Show include the world premiere of the new C-Class in Saloon and Estate guise with new petrol and diesel engines, and as plug-in hybrid models. The press conference will start on the first press day, 6 March, at 12.30 p.m. in Hall 6.

Now in its fifth year of production, the C-Class is the most successful model series from Mercedes-Benz and boasts a wealth of enhancements. The design of the exterior and interior benefits from a stylish makeover. The electronic architecture is completely new. Options include a fully digital instrument display and multimedia systems featuring customised information and music offerings. The assistance systems likewise benefit from the new electronic architecture and are now on a par with those of the S‑Class.

The C-Class in its current generation was Mercedes-Benz's top-selling model in its fourth year on sale. The brand sold a combined total of over 415,000 Saloon and Estate models worldwide in 2017.

The new-look C-Class combines emotionality with intelligence. The vehicle's new appearance is defined in particular by its front end and the design of the headlamps and tail lights. On the new version, the AMG Line features the diamond radiator grille as standard. The front bumpers have been redesigned for all lines. They feature either a silver trim strip (standard), a chrome-plated trim strip (in combination with AVANTGARDE exterior) or a three-part chrome trim strip (EXCLUSIVE exterior).

The design of the front and rear lamps is defined by clear-lined contours. High-quality, sculpted details underline the sophisticated look and feel. MULTIBEAM LED headlamps with ULTRA RANGE high beam are available for this model series for the first time.

The sporty interior displays a premium look and feel as well as flowing forms. The centre console is characterised by an elegant flowing trim. This is available in open-pore brown walnut or open-pore anthracite oak. The 3D real wood veneer in the centre console combines a hand-crafted character with a modern feel. New interior colours include magma grey/black, plus saddle brown for the AMG Line interior.

The C-Class adopts the control and display concept from the current S‑Class and comes with the option of a fully digital instrument display with three individually selectable display styles. The C‑Class has touch-sensitive controls in the steering wheel. The operation of DISTRONIC and cruise control with controls directly on the steering wheel is another new feature. The infotainment system can additionally be operated via the touchpad with controller (new: haptic feedback) in the centre console or by means of LINGUATRONIC voice control.

The new C-Class features the latest driving assistance systems, offering the driver cooperative support and providing for a higher standard of active safety than its predecessor. The C‑Class is able to drive semi-autonomously in certain situations. The C‑Class also uses map and navigation data for assistance functions. For example, Active Distance Assist DISTRONIC as part of the Driving Assistance package is able to support the driver in numerous situations on the basis of map information and predictively adjust the speed e.g. when approaching bends, junctions or roundabouts. Other new developments include intuitively understandable Active Lane Change Assist and Active Emergency Stop Assist as new functions of Active Steering Assist.

The optionally available MULTIBEAM LED headlamps are new to the C‑Class. Each headlamp incorporates 84 individually controllable LEDs. These allow extremely quick and precise, electronically controlled adjustment of the headlamps to suit the current traffic situation.

ENERGIZING comfort control (optional) links various comfort systems in the vehicle. It systematically uses the functions of the climate control system (including fragrancing) and the seats (heater, ventilation, massage) as well as lighting and musical moods, and enables a specific wellness set-up tailored to the mood and need of the customer. This has positive effects on wellbeing and driver performance.

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On August 1, Keppel Land Limited opened its retail mall in Saigon Centre in Ho Chi Minh City, anchored by the country’s first Takashimaya department store.
With a wide and exciting array of fashion, lifestyle, and food and beverage offerings, Saigon Centre is poised to be the shopping and lifestyle destination in Ho Chi Minh City.

According to Keppel Land’s CEO Ang Wee Gee, as a pioneer foreign real estate investor that has grown to be one of the largest players in Vietnam, Keppel Land has been privileged to play a part in transforming the country’s cityscape.

“Today marks an important milestone, as we open our retail mall in Saigon Centre, which has become a landmark of Ho Chi Minh City’s central business district,” Gee said.

He added that the company will build on its experience and expertise to develop iconic mixed-use developments, creating vibrant and sustainable live-work-play environments of enduring value in Vietnam.

Integrated with the revamped first phase of the mall, the new seven-storey retail unit forms part of the second phase of Saigon Centre and is 100 per cent committed, with a total gross floor area of 55,000 square metres.

The mall houses more than 400 international and local brands, as well as leading Japanese retailer Takashimaya Department Store’s 15,000 square metre flagship outlet.

Tatsuo Yano, managing director of Takashimaya Singapore, said that Ho Chi Minh City is the group’s fourth overseas department location.

“This development has come about through years of cultivated retail experience between Japan and Singapore. We aim to create a store that will become a sought-after shopping destination for our customers in Ho Chi Minh City,” said Yano.

About 25 per cent of the tenants in Saigon Centre’s retail mall are entrants to the market. Such onternationally renowned brands debuting in Vietnam include luxury and fashion labels Carolina Herrera, Kenzo, Moschino, Stuart Weitzman, and Armani Exchange.

Close to 30 per cent of Saigon Centre’s retail mall has been set aside for F&B, presenting diners with a wide selection of about 50 restaurants, cafes, and food kiosks.

Shoppers can look forward to exciting upcoming events and promotion events at the 500-square metre atrium, as well as relax at the rooftop garden above the retail podium once Phase Two of the office tower, currently progressing on schedule, is completed by the end of 2017.

Saigon Centre Phases One and Two are jointly owned by Keppel Land, Toshin Development Co., Ltd., and Vietnamese partners Southern Waterborne and Transportation Corporation and Saigon Real Estate Corporation. Keppel Land holds a 45.3 per cent stake in the development.

岸和田市（きしわだし、英語表記:Kishiwada-city）は、大阪府泉南地域に位置する市。

現在はだんじり祭りで有名だが、江戸時代には岸和田藩の城下町として栄えた。同市は永住外国人と、国内在住期間が3年を越え満18歳以上で3ヵ月以上市内に住む「定住外国人」にも住民投票の投票権（参政権ではない）を認めている。 2002年（平成14）4月1日以降、特例市に指定されている。大阪都心部からの交通アクセスも良く、大阪のベッドタウンとして発展している。 岸和田市は、古い歴史を持つだんじりのまちとして全国的にも知名度が高い。
市のキャッチフレーズは、『人がいき　地域が輝くまち岸和田』。
Kishiwada City (A coming and English mark: Kishiwada-city) is a city located in
the Osaka Prefecture Sen'nan region.

It prospered as a bourg in the Kishiwada clan in Edo period though it was famous for the Danjiri festival now. In the city for three months or more, ..same city.. permanent foreign resident, and excessively full 18 years old or more the domestic resident period as for three years admit the voting right of the referendum (It is not a suffrage) in "Settled foreigner" where it lives. After the (2002) April 1 2002, it is specified for the special case city. A traffic access from the Osaka central area of Tokyo is also good, and it develops as a commuter town in Osaka. Kishiwada City is well-known on a nationwide scale as waiting for Danjiri with an old history.
The catchphrase of the city is 'Waiting Kishiwada where the person lives and the region shines. '

Geography

The gross area in Kishiwada City is 72.24km²..going out.. .It is located in the prefecture southwest, and a long and slender city region (7.6km in east and west and south north 17.3km) from the Osaka bay to the Izumi mountain range is formed.
The center part in the city that faced the Osaka bay prospered as Mr. Kishiwada feudal lord Okabe's bourg after Kanei Era (began about the 17th century), and developed as a spinning and weaving industry city in which it centered on fountain state cotton textiles after middle term the Meiji era. The industrial estate was constructed it was to reclaim from the seaside part, and the wood industrial complex and the ironworker apartment of a housing complex were built at the following in 1966(1966).
The cultivation of the onion besides the U.S., the mandarin orange, the peach, and floriculture by the reservoir irrigation is active in the Izumi mountain range north foot and the plateau.
Moreover, because it is a car, it exists from Kansai International Airport in the distance of about 15 minutes, and the JR Hanwa Line, the Kansai airport line (JR West Japan), Nankai Main Line, the Southern sea airport line (Nankai Railroad Company, Ltd.), and the fourth in Hanshin expressway coastal line and the Hanwa car road (NEXCO West Japan) run from the Osaka central area of Tokyo, a traffic access has been enhanced (about 20?35 minute from the Osaka central area of Tokyo). Above the sea 0.0m?865.7m｡