PRODUCTS REVIEW - PANDORA
1. Pandora Silver Blue Sparkling Crown Solitaire Ring
💡DETAILS: 925 sterling silver. Mixed stones and Cubic Zirconia. Crystal.
2. Pandora Exotic Stones & Stripes Ring
💡DETAILS: Let the cool blues rule your style with this sparkling ring in Pandora Shine. The ring detailed with alternating lines of hand-applied blue enamel and cubic zirconia and engraved on the inside with a single heart. The ring is hand-finished in 18k gold-plated unique metal blend and looks equally good worn alone or together with other band styles as part of a personal ring stack.
3. Pandora Moments Snake Chain Bracelet [Metal Color: Pandora Rose]
💡DETAILS: Start your very own Pandora story with this sleek snake chain bracelet in Pandora Rose, a 14k rose gold-plated unique metal blend. The perfect canvas for your creativity, this hand-finished bracelet can be styled in countless ways. Fill it with your desired charms and clips, wear it on its own for a simple, understated look, or stack it with contrasting bracelets for a fun play on textures – the only limit is your imagination!
4. Pandora Moments Snake Chain Bracelet [Metal Color: Silver]
💡DETAILS: This bestselling charm bracelet is the perfect foundation for your Pandora collection. Crafted in sleek sterling silver, this snake chain bracelet features Pandora's iconic barrel clasp for a secure fit while the innovative threading system makes it easy to screw charms onto your bracelet. Simply add a couple of clips to divide the bracelet into three sections, then choose your favourite Pandora charms to express your unique style.
5. Pandora Moments Winged Heart Bangle
💡DETAILS: Present your loved one with the Pandora Moments Winged Heart Bangle. Hand-finished in sterling silver, this design features a heart-shaped clasp. The engraving on the front reads “Always by your side” with a small indented heart beneath it. Two moving angel wings feature on the back of the clasp. Gift this piece to your family member alongside a pair of heart-shaped sterling silver earrings to make them feel extra special.
6. Pandora Pavé Modern LovePods Bracelet
💡DETAILS: This timeless bracelet is hand-finished from radiant PANDORA Shine, 18k gold-plated sterling silver. Its three pods are encrusted with pavé-set stones that lend subtle sparkle to day or night looks.
7. Pandora Heart of Infinity Charm
💡DETAILS: This refined dangle is exquisitely detailed with a 14k gold heart and a sterling silver infinity sign, evoking feelings of endless love. Wear it on bracelets or necklaces, and style it in many ways.
8. Pandora Sparkling Beehive Dangle Charm
💡DETAILS: Show you are sweet as honey with this PANDORA Shine dangle in 18k gold-plated sterling silver. The beehive design holds a tiger eye stone and is adorned with glittering stones and a buzzing bee.
9. Pandora Oversized Sparkling Bow Charm
💡DETAILS: This sterling silver bow charm is designed to make a statement. With its larger-than-life appearance and sparkling stone embellishments, it ties stylings together with sophistication.
10. Pandora Red Pavé Tilted Heart Dangle Charm
💡DETAILS: Add a pop of colour to your look with the Red Pavé Tilted Heart Dangle Charm. Hand-finished in Pandora Rose (14k rose gold-plated unique metal blend), this titled heart-shaped design is decorated with different-sized red cubic zirconia on the front. The polished back side includes cut-out circles and hearts. Style with sterling silver charms on your favourite bracelet to make this piece stand out or team with other colourful symbols for a vibrant finish.
11. Pandora Stellar Blue Pavé Tilted Heart Dangle Charm
💡DETAILS: Add a pop of colour to your look with the Stellar Blue Pavé Tilted Heart Dangle Charm. Hand-finished in sterling silver, this titled heart-shaped design is decorated with different-sized blue crystals on the front. The polished back side includes cut-out circles and hearts. Style with sterling silver charms on your favourite bracelet to make this piece stand out or team with other colourful symbols for a vibrant finish.
12. Pandora Curb Chain Necklace [Metal: Rose gold plated]
💡DETAILS: No jewellery collection is complete without a simple versatile necklace that can be worn by itself or accessorised with your favourite pendants. One of the most essential pieces for any wardrobe, Pandora Rose necklace features a sliding clasp, flat interlocking chain links and a dangling curb chain. Wear the slider necklace on its own or layer it for a fashion-forward look and adjust to suit your desired length.
13. Pandora Rolo Chain Necklace
💡DETAILS: Discover a new way to wear your go-to charms with the Rolo Chain Necklace. Hand-finished in sterling silver, this simple design is adjustable to three different lengths. This piece can only be worn with small and medium-sized Pandora O Pendants. Attach a pendant with a sparkling ball clasp to make a statement. Team with sterling silver earrings decorated with stones for a uniform look with added shine.
14. Pandora Moments Small O Pendant [Metal: Rose gold plated]
💡DETAILS: There’s nothing like the feeling of adding a new charm to a collection, except maybe adding two! Discover a whole new way of collecting, displaying and showing off your new charms with this Pandora Moments O pendant. Hand-crafted in Pandora Rose (14ct rose gold-plated unique metal blend), the design is inspired by the Pandora crown O and features a snake chain look. You can elevate your look by adding up to five charms, dangles or pendants to your O Pendant.
15. Pandora Moments Heart Charm Pendant
💡DETAILS: Switch up your style with the Pandora Moments Heart Charm Pendant. Hand-finished in sterling silver, this design features our popular snake chain texture. The heart-shaped pendant hangs at an angle on the bail and includes a ball-shaped clasp featuring the Pandora logo. Press the heart-shaped button on the clasp to open. Style this piece with up to three charms, dangles or pendants on a thick cable chain necklace and go for designs in contrasting metal tones for a varied look. Please note, select wide charm styles cannot be worn on this Heart Charm Pendant.
✅OVERALL RATING: 10/10
🔴MY REVIEW: I like the brand PANDORA derived from the brand's positioning as an "affordable luxury brand". The original intention of this brand was to encourage girls to be themselves and show their true self in their own way. How interesting! The advantage of PANDORA is that you can buy it according to your own budget. Even if you only buy a necklace, you can wear it with a simple and elegant unique style. Another special feature of PANDORA is that each bracelet can be matched and interchanged with a variety of gold or silver charms. Everyone's collocation is unique. Speaking of my favorite, it is none other than the Pandora Moments Snake Chain Bracelet. The material is soft and fits the curvature of the wrist better. It is also one of the most classic styles in the brand. I especially like PANDORA charms. Each charm represents a memory and has a special meaning. And you can mix and match according to your own preferences. In my opinion, Pandora is a very story-telling brand, allowing consumers to wear a unique bracelet based on their imagination, and let the bracelet tell our own story. What an incredible thing this is.
📌Disclaimer: The above review is purely personal opinion. Not everyone likes what I like. Please note that what may work for me, may not work for anyone else. Results may vary from person to person, so please take this into consideration if you decide to try those products.
🔎UK WEBSITE - https://uk.pandora.net/en/
🔎UK FACEBOOK - https://www.facebook.com/PandoraUK
🔎HK WEBSITE - https://hk.pandora.net
🔎HK FACEBOOK - https://www.facebook.com/PandoraHongKong/
🔎IG - @theofficialpandora
#pandora #momentswithpandora #pandoranecklace #pandoracharm #pandorabracelet #pandoraring #pandorastyle #jewellery #pandorauk #pandorahk #lovekakalovefashion #hkfashion #fashionblogger #kakablogs #kakalovekakalovelife #productreview #shoponline
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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”
overall meaning 在 Ken's Portable Classroom Facebook 的最讚貼文
📰 Taiwan saw 12,000 more deaths than births in first quarter of 2021
🀄2021年第一季度台灣的死亡人數比出生的人數多12,000
🎊 第三~七波中獎學員:
蔡昀潔 謝慈峰 謝宇希 Exupery Xu 廖家綾
(領獎期限 04/21 20:00,逾時不受理。)
TAIPEI (Taiwan News) — During the first quarter of the year, a total of 47,626 people passed away while only 34,917 births were registered, underscoring the rapid aging of Taiwan’s population, the Ministry of Interior (MOI) said Saturday (April 10).
📌 台北(台灣新聞) - 內政部周四 (4月10日) 說,在今年第一季度,共有47,626人死亡,只有34,917人出生,這凸顯了台灣人口的迅速老齡化。
The country’s number of inhabitants recorded its first-ever drop in 2020, falling by 41,885 to 23,561,236. The number of inhabitants of the island country passed the 20-million mark in 1989 and reached 23 million in 2008, according to official data.
📌 台灣的居民人數在2020年,有史以來首次下降,下降了41,885人,降至23,561,236人。根據官方數據,台灣的居民人數在1989年突破了2000萬大關,到2008年達到2300萬。
Compared to the first quarter last year, the number of births declined by 5,497 or 13.6 percent, while the total number of deaths increased by 659 or 1.4 percent, CNA reported.
📌 CNA報導,與去年第一季度相比,出生人數下降了5497人,下降了13.6%,而死亡總數上升了659人,上升了1.4%。
The number of births showed a gradual increase though, if split up month by month, with 9,601 babies born in Jan. 2021 and 13,819 in March. During the quarter more boys than girls were born, 18,031 to 16,886, while more men than women died, 27,662 to 19,964, according to the MOI data.
📌 但是,如果按月劃分,則出生數量逐漸增加,2021年1月出生的嬰兒有9,601例,3月出生的嬰兒為13,819例。根據教育部的數據,在這一季度中,男孩出生的人數多於女孩,多於女孩(18,031男:16,886女),而男性死亡的人數高於女性 (27,662男 :19,964女)。
Migration statistics showed that 2.48 million people left Taiwan during the first quarter, while 2.25 million moved in, a rise of 2.04 percent and a drop of 7.34 percent respectively compared to the same period in 2020.
📌 移民統計數據顯示,第一季有248萬人離開台灣,而有225萬人遷入台灣,與2020年同期相比,分別增長了2.04%和下降7.34%。
By the end of March, Taiwan’s total population stood at 23,525,623, a drop of 0.3 percent from one year earlier, meaning the country lost on average 194.2 people per day.
📌 到3月底,台灣總人口為23,525,623,比一年前下降了0.3%,這意味著台灣每天平均損失194.2人。
Analysts attributed the falling number of births to the lower number of weddings. During the first quarter of 2021, 28,341 heterosexual couples and 414 same-sex couples got married, for the total a drop of 13.25 percent from the same period in 2020.
📌 分析人士將出生人數下降歸因於結婚人數減少。在2021年第一季,有28341對異性伴侶和414對同性伴侶結婚,與2020年同期相比下降了13.25%。
However, the overall number of divorces also fell over the same period, by 6.92 percent to a total of 11,561 for heterosexual couples and 130 for gay couples, CNA reported.
📌 但是,CNA報告說,同期的離婚總數也下降了6.92%,異性伴侶為11,561人,同性伴侶則為130人。
資料來源: https://reurl.cc/l0je3d
overall meaning 在 Adrian Lo Dejavu Youtube 的精選貼文
?ASPIRE ZERO G 40W 1500mAh?
(INTRODUCTION)
Aspire Zero G is designed by Noname, made by Aspire. Following the successful launch of Paradox and the 9th tank, the third product produced by their collaboration. Featuring a mechanical wattage adjuster beautifully finished colors and a robust, high-end style the Zero G is truly a marvel in pod system vaping. The Zero G mod main frame design is made of stainless steel, with black liquid silicone rubber, it provides a comfortable grip and is non-slip and durable, the perfect balance of quality and comfort. Aspire Zero G is equipped with a 1500mAh built-in battery, which provides a USB Type-C port for reliable and stable charging. The Aspire Zero G uses an aspire self-developed ASP chipset, which comes with the overall protection for safe use. Zero G provides 5-40W wattage adjustment, using a unique retro bottom mechanical wattage adjuster for the setting.
Aspire Zero G pod has a 3.5ml e-juice capacity and utilizes the bottom filling system. Fully compatible with AVP Pro coils, the Zero G has instant out of the box appeal, however, the true value in this product is the (included) RBA deck, meaning you can tailor make your vape to your own needs, without the added expense of buying adapters. Airflow control assists both MTL and Sub-ohm channels and choices available to all users. Easily transfer from MTL or Restricted DTL vaping. The Zero G delivers maximum flavor and performance.
(FEATURES)
• 304 Stainless Steel/Black Liquid Silicone Rubber Body
• 1500mAh Internal Battery
• 1A Type-C Charging Facility
• 5-40W Wattage Range
• Mechanical Adjustable Wattage
• 0.1 - 3.5ohm Resistance Range
• RBA Deck Included Within
• 3.5ml E-juice Capacity
• Easy Bottom Fill
• 510 Drip Tip
• Magnetic Pod Connection
• MTL and restricted DTL vaping
• ASP Chipset Safety Protection
(SPECIFICATIONS)
Mod Dimension: H80.8mm x φ26.2mm
Body Material: 304 stainless steel with liquid silicone rubber
Battery: Built-in Li-po 1500mAh battery
Wattage Output: 5-40W
Mod Supported Resistance Range: 0.1-3.5ohm
Pod Dimension: H28.7 x φ26.2mm (without coil, with drip tip)
Pod Material: 304 stainless steel and PEI
Pod Capacity: 3.5ml
Filling Type: Bottom filling
Airflow: Bottom adjustable airflow
Coil Resistance: 0.65ohm Mesh Coil (15-18W), 1.15ohm Standard Coil (10-16W)
Coil Compatibility: AVP Pro Coils
Colors: Stainless Steel, Black
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DISCLAIMER: Vape or electronic cigarette is strictly not suitable for kids under 18. All Vaping reviews will be set to age restriction. This review is for adult smokers trying to get better health for quit smoking. For adult vapers to update about new products and tutorial. Vape safe and be happy gais! ☺️
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overall meaning 在 Tina Yong Youtube 的最佳貼文
In this episode of Tina Tries It, I finally test out the BTS makeup line BT21 X VT Cosmetics. The characters are super cute but I think the overall collection is overpriced for the quality you’re getting.
BTS also has another collection (one that looks more premium and less like cute toys) with VT cosmetics, so let me know if you want to see a review on that.
Products Used:
https://www.harum.io/collections/vt-x-bt21#
*Hey guys after this video went live Harumio have reached out offering a 5% storewide discount! Use code "TINA" at checkout!*
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overall meaning 在 Benjamin Man — iBenTV Youtube 的最佳貼文
[1/3] I got FULL MARKS for this composition as part of my IB Music HL composition coursework (25% of my final grade)!!!! Note: some of the dynamic markings are messed up because im recording this on panorama mode :(
This song is a rewrite based on my previous IGCSE composition 'The Maze Runner' (https://youtube.com/watch?v=3VpPBgywVzA)!
Reflective Statement:
My initial intention for ‘Haunting’ was to compose for mallet quartet describing my own IB journey. I wanted to experiment with a 5-octave marimba, and was also intrigued by extended ternary form (AABA) in chamber music. I was inspired by the soundtrack from “Legend Of The Wind” by Studio Ghibli, but was also influenced by minimalist music such as “Mallet Quartet” by Steve Reich. A performers note has been included to help clarify the meaning of each section and to convey its meaning.
I began composing this piece on the marimba with the intention of a four-mallet marimba solo due to its wide range. However, I then decided to expand it to a small ensemble so that I could experiment with different textures, timbre and harmonies. As a result, I fragmented the main melody to include more tone colour in the piece. As a percussionist, I was aware of the many unique techniques capable of the marimba and vibraphone, thus I wanted to exploit that and transform my composition by writing in unconventional techniques and notations (such as handle- on-handle and rapid glissandi) and was able to choose more interesting rhythms. I developed my piece by adding an entire section using mainly triplets to create a contrast in rhythm, which helped create a climax.
The outcome of this piece is that I learnt how to develop ideas from fragments of melody, and how to compose a rhythmically challenging piece whilst still maintaining an overall cohesiveness. I also learnt how to compose for a repetitive melody yet still being able to add colour and maintain interest as the piece progresses. As a result, this lead me to discovering many vibraphone techniques I hadn’t learnt prior, such as mallet-dampening and learning how to use the pedal properly!
(299 Words)
overall meaning 在 Moroccan slang قاموس الدرب - Slougia Literally: a Sloughi ... 的推薦與評價
This expression is prevalent to the point where "slougia" can be omitted while still preserving the overall meaning of the expression: "talq(a)ha 3li(n)a", or " ... ... <看更多>
overall meaning 在 Overall Meaning - YouTube 的推薦與評價
Video shows what overall means. All-encompassing, all around.. overall pronunciation. How to pronounce, definition by Wiktionary dictionary. ... <看更多>