#40weekspregnant #40weeks2dayspregnant #10monthspregnant
EDD: 22 June 2021
Weight: 3.085kg
Length: 50.5cm
🍓𝙊𝙪𝙧 𝙗𝙖𝙗𝙮 𝙨𝙬𝙚𝙚𝙩𝙝𝙚𝙖𝙧𝙩 𝙞𝙨 𝙛𝙞𝙣𝙖𝙡𝙡𝙮 𝙝𝙚𝙧𝙚 𝙤𝙣 24 𝙅𝙪𝙣𝙚 2021 🍓
Yesterday was frantic! From induction to contraction to being sent to labour room with 4cm dilation to finally 5cm and that’s when my nightmare starts..
Doc broke the waterbag to induce labor.. Contraction came almost right away after that. I pre-requested for epidural but it didn’t came on time so I have to withstand the torturing pain from 9am all the way till almost 3pm (𝙗𝙧𝙚𝙖𝙠𝙞𝙣𝙜 𝙞𝙣 𝙘𝙤𝙡𝙙 𝙨𝙬𝙚𝙖𝙩 𝙖𝙣𝙙 𝙬𝙤𝙣𝙙𝙚𝙧𝙨 𝙝𝙤𝙬 𝙘𝙤𝙪𝙡𝙙 𝙖𝙣𝙮𝙤𝙣𝙚 𝙨𝙪𝙧𝙫𝙞𝙫𝙚𝙙 𝙩𝙝𝙞𝙨 𝙨𝙝𝙞𝙩 🥴) In the meantime while waiting for the anaesthetic to arrive, I accepted the laughing gas and Pethidine jab. 𝘉𝘶𝘵 𝘵𝘳𝘶𝘴𝘵 𝘮𝘦, 𝘭𝘢𝘶𝘨𝘩𝘪𝘯𝘨 𝘨𝘢𝘴 𝘪𝘴 𝘯𝘰𝘵 𝘩𝘦𝘭𝘱𝘧𝘶𝘭 𝘢𝘵 𝘢𝘭𝘭, 𝘶 𝘤𝘢𝘯 𝘴𝘬𝘪𝘱 𝘵𝘩𝘢𝘵, 𝘥𝘰𝘯’𝘵 𝘸𝘢𝘴𝘵𝘦 𝘵𝘪𝘮𝘦! 🤬 Pethidine helps to calm me a little but because was too strong, I was just drowsy, can’t even fall asleep like how I did during the first time (first contraction before labour).
After many hours of waiting, dilation remains at 5cm and did not improve further, baby’s heartbeat seems slower (in distress), so doc said we can’t wait anymore and she suggested that we should proceed with emergency csec immediately. Signed some consentment form and straight we go into the Operating Theatre. Oh! Btw they called to inform my husband bout my condition too 💯
Did a swab test, result was negative. Given epidural, contraction is more bearable now. 😍 The medical team proceeded with the surgery while keeping me awake throughout the process. It didnt took long before I could hear her voice, it was swift! 𝙎𝙝𝙚’𝙨 𝙨𝙤 𝙗𝙚𝙖𝙪𝙩𝙞𝙛𝙪𝙡, 𝙬𝙞𝙩𝙝 𝙩𝙝𝙖𝙩 𝙧𝙤𝙨𝙮 𝙘𝙝𝙚𝙚𝙠 𝙖𝙣𝙙 𝙙𝙚𝙢𝙪𝙧𝙚 𝙛𝙚𝙖𝙩𝙪𝙧𝙚, 𝙄 𝙞𝙣𝙨𝙩𝙖𝙣𝙩𝙡𝙮 𝙛𝙚𝙡𝙡 𝙞𝙣 𝙡𝙤𝙫𝙚 𝙬𝙞𝙩𝙝 𝙝𝙚𝙧 ❤️ 𝙎𝙝𝙚 𝙘𝙧𝙞𝙚𝙙 𝙨𝙤 𝙡𝙤𝙪𝙙 𝙩𝙤 𝙢𝙖𝙠𝙚 𝙝𝙚𝙧 𝙥𝙧𝙚𝙨𝙚𝙣𝙘𝙚 𝙛𝙚𝙡𝙩. Nurse brought her so close to me that I only manage to notice her glittering eyes n long lashes, then brought her away while they stitch me up. I was trembling most of the time during surgery, probably bcs I was fasting since breakfast and the whole thing only ended in the late afternoon.. But I’m so glad everything turns out well and it’s over.. I’m currently recuperating and is still in the hospital for further observation..
𝘽𝙖𝙗𝙮 𝙞𝙨 𝙘𝙪𝙧𝙧𝙚𝙣𝙩𝙡𝙮 𝙞𝙣 𝙉𝙄𝘾𝙐 𝙙𝙪𝙚 𝙩𝙤 𝘾𝙤𝙣𝙜𝙚𝙣𝙞𝙩𝙖𝙡 𝙋𝙣𝙚𝙪𝙢𝙤𝙣𝙞𝙖 𝙖𝙣𝙙 𝙬𝙞𝙡𝙡 𝙗𝙚 𝙖𝙣𝙩𝙞𝙗𝙞𝙤𝙩𝙞𝙘 𝙖𝙣𝙙 𝙘𝙡𝙤𝙨𝙚 𝙤𝙗𝙨𝙚𝙧𝙫𝙖𝙩𝙞𝙤𝙣 𝙛𝙤𝙧 𝙖 𝙬𝙚𝙚𝙠 𝙤𝙧 𝙨𝙤. Nurse assured me this is a common diagnosis and recovery rate is very high. Told me not to worry and baby will be back in my arms soon 🥰 Hubby and I visited her earlier at the ward and nurse told us, she throw up on formula milk and told me, if possible, please try to pump to provide breast milk.. So that’s another mission for me to accomplish.. Jiayou mama, it’s a never ending learning journey.. Embrace it because it’s going to be worth it 🌈😘
𝘾𝙤𝙣𝙜𝙧𝙖𝙩𝙪𝙡𝙖𝙩𝙞𝙤𝙣𝙨 𝙩𝙤 𝙗𝙤𝙩𝙝 𝙝𝙪𝙗𝙗𝙮 𝙖𝙣𝙙 𝙄, 𝙬𝙚 𝙝𝙖𝙫𝙚 𝙖 𝙥𝙧𝙤𝙙𝙪𝙘𝙩𝙞𝙤𝙣 𝙤𝙛 𝙤𝙪𝙧 𝙤𝙬𝙣 😂 #𝙮𝙮𝙞𝙣𝙮𝙖𝙣𝙜𝙜 #jennslifeaftercancer
#pregnancyjourney #jennslifeaftercancer #spreadlovecreatehope #babydiverinthemaking #cancersurvivor #ovariancancer #stage3
同時也有1部Youtube影片,追蹤數超過5萬的網紅Daphne Iking,也在其Youtube影片中提到,I first heard about cord blood banking 13 years ago when I was pregnant with Isobel. My family history of breast , throat and colon cancer played a bi...
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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”
proceed with the process 在 李木生醫師 Facebook 的最讚貼文
目前新冠肺炎疫苗在全球的施打已經超過一億劑,我們期待新冠肺炎病毒感染的速率持續的緩和,能讓世界各地的生活盡快恢復正常,然而國外也陸續傳來施打疫苗後產生不良反應的案例,針對接種疫苗的利弊風險,各國的政府和專案也開始有許多討論。
在台灣,AZ疫苗已經開打幾週了,在這段期間有很多病人問我能不能去接種AZ 疫苗,我想從一位婦產科醫師的角度出發,跟大家分享自己的觀點,讓大家在跟醫師們討論需不需要接種時,能先有初步的觀念。
AZ疫苗可能造成的不良反應
目前國際上接種AZ 疫苗後出現嚴重不良反應的案例有兩種最受矚目:一種是嚴重的過敏反應;另外一種則是凝血過多或不足的反應。
這兩種不良反應的發生率都小於10萬分之一,很難在疫苗臨床試驗階段被發掘出來,因此只能在疫苗流通到市場後,依靠健全的通報系統蒐集更完整的數據,才有機會分析疫苗與不良反應之間的關聯。
以嚴重過敏反應來說,任何疫苗都可能因為載體的關係產生嚴重的過敏反應,所以病人在施打疫苗過後的30分鐘內,一定要留在施打的醫療院所接受觀察。AZ疫苗中使用的為Polysorbate80 或類似的分子,如果你之前曾經因為接種疫苗而有過敏反應,應該要在接種前詢問醫師AZ疫苗的載體與該次引起過敏的疫苗載體是否相同,以利避免風險。
另外一種不良反應與與血液相關,這一點比較受爭議。在2500多萬個施打的個案中,出現86 個血液異常的不良反應,大部份的這些個案都是女性而且發生在施打的頭2個禮拜。德國、法國和義大利等20幾個國家因此一度暫停施打AZ疫苗,雖然機率不大,但誰都不想冒這個險。但有些歐洲國家和澳洲最近又恢復施打,但建議50歲以下接種其他疫苗 (也有國家說30歲以下) 原因是不同專家對於這些異常凝血的不良反應與AZ疫苗的相關性有不同的見解。
婦女接種AZ疫苗前宜停看聽
對於目前正在服用避孕藥或女性荷爾蒙的女性來說,施打AZ疫苗會不會增加血栓的風險呢? 坦白說,目前資訊還不是非常完整,所以我暫時無法評論,但後續會密切注意最新的研究報告,有進一步消息,會再跟大家分享。
對於目前正在備孕,或是即將成為準媽媽的女性來說,更是需要持續追蹤這款疫苗的不良反應,因為如果病患在懷孕期間不幸感染新冠肺炎,因此發生嚴重呼吸道疾病的機率高達未孕女性的3倍,而且因為媽媽發燒或肺炎病毒造成胎兒發育不良的機率也大幅增高。相對的,在AZ臨床試驗中施打疫苗後發現懷孕的女性約有一萬人,正接受持續的密切追蹤,截至目前為止尚無證據顯示AZ疫苗會對母親或胎兒健康造成嚴重影響。這些案例和研究資訊告訴我們,女性朋友們在施打這個疫苗前更需要審慎的個別的情況,才能跟醫師有充份的溝通和討論。
誰該接種AZ疫苗?誰需要小心?
那麼在實務上究竟應不應該建議接種AZ疫苗呢?我認為決定的因素有幾個:
病人接觸新冠肺炎的風險
台灣目前沒有社區感染,感染病毒的機會並不高,只是境外移入仍存在風險,短期來說,若是爆發社區感染才開始接種疫苗,也需要等三個禮拜以上才能形成有效地保護力。而長遠來說,國人還是需要接種疫苗達到一定比率才能安全的開放國門。若是因為工作需要出國的朋友,就應該依目的地的盛行率做決定,像是在歐美地區,接種疫苗的好處明顯的大於壞處;而像我一樣的醫護人員,在工作上比較有可能接觸到病毒帶原者,感染的風險也會較高,也應該考慮接種疫苗,增加保護力。
病人是否罹患慢性病
研究顯示有高血壓、糖尿病或BMI >30的病患在感染新冠肺炎病毒後,更容易而產生嚴重的呼吸道疾病,因為健康上的風險高,上述慢性病的病患也可以考慮接種疫苗。若有上述問題但懷孕的婦女,則應與婦產科醫師討論其利弊。
備孕或懷孕中的婦女
接種AZ疫苗後,有超過半數的人反應接種處疼痛、倦怠或頭痛的問題,而且大約有1成的人會發燒,雖然這些不良反應都是暫時的,很快就會消失,若希望盡可能避免懷孕初期發燒的情況,計劃懷孕或孕期中的女性可以考慮懷孕初期避開接種疫苗。有些證據顯示若接種第一劑後懷孕,在生產後才接種第二劑也能提供相同的保護,不需再重打第一劑。若孕期間接種其他疫苗如百日咳與流感疫苗則與AZ疫苗的施打需考慮間隔約兩個禮拜。
接種AZ疫苗有利有弊,除了關切衛福部及相關專家提出的建議,我們也可以就自己目前的狀態先想一想,在做決定前停看聽,如果有其他的問題,千萬別忘了跟你的醫師作討論喔!
The global “COVID-vaccinated” population has reached 100 million. In the process of reaching herd immunity via mass vaccination, more rare but serious adverse effects from these vaccines are being reported in the mass media. Discussions about the safety of vaccines arevigorous at both government and the community levels.
The AstraZeneca (AZ) vaccine has been used for COVID vaccination in Taiwan for a few weeks now. Many of my patients asked me if they are suitable for vaccination. So here I would like to share my thoughts with you as an obstetrician and gynaecologist.
Adverse reactions associated with the AZ vaccine
There are two types of adverse reactions being discussed the most in the international community: severe allergic reactions and blood-clotting problems. Both of these adverse reactions occur in the order of one in ten thousand, which were difficult to discover during the clinical trial stage. Therefore most of the data we see now are an accumulation of real-time data as we proceed with global vaccination.
The severe allergic reaction (such as anaphylaxis) can occur with any medication being administered to the human body. For vaccines it is usually the vehicle or the excipients molecule with which it is used to carry the active vaccine that incites the allergic reactions. Polysorbate 80 is a suspected culprit excipient used in the AZ vaccine. So if one has had severe allergic reaction in other vaccines that uses polysorbate 80 as its vehicles then it is possible the person can also be allergic to the AZ vaccine.
The abnormal blood-clotting reactions associated with the AZ vaccines are being discussed vigorously in both the scientific community and the media. In about 25 million recipients of the AZ vaccine, 86 cases of serious abnormal blood-clotting cases were reported by March 2021. Most cases occur within first 2 weeks of vaccination and most are women. Although the AZ vaccination was temporarily stopped in some European countries earlier in March, it has resumed since with some countries recommend vaccination in those 50 yo or above (some say 30 or above). Currently there is no international consensus amongst the experts.
Many professional bodies of obstetrics and gynaecology around the world have issued statements regarding vaccination against COVID19 in women planning pregnancy or breast feeding. Thus far most have only cautioned against the vaccination if there is serious concurrent comorbidities such as those who are immunocompromised or organ transplant. There does not seem to have report of additional risks of the vaccination during pregnancy. There is insufficient evidence to conclude if oral contraceptives and hormone replacement therapy are risk factors for developing vaccine-related blood clotting events. More time and data are required to tell.
So should women receive the AZ vaccine? These factors should be considered and discussed with your doctors.
Risk of contracting COVID
Contracting COVID during pregnancy is associated with 3-fold risk of serious complications. So immunisation against COVID should be prioritised if the area you live in carries high risk of infection.
Underlying chronic conditions
For those with hypertension, diabetes or high BMI, because higher risk of COVID related complications are expected, vaccination might offer risk-reducing benefits. but in women with diabetes or high BMI where high risk pregnancy is expected, one should discuss the risks and benefits with your own obstetrician.
Pregnancy
More than half of recipients will get injection site pain and about 10% will develop a fever. To avoid fever during early pregnancy one can avoid getting vaccination during this period. If one has become pregnant after the first dose, there is evidence that receiving a second dose after pregnancy still offers protection against COVID. for those who need flu or whooping cough vaccination during pregnancy, one should consider taking the COVID vaccine 2 weeks apart from the other vaccines.
Like all medicines/procedures, decision to receive the AZ vaccination is individualised based on the benefits and risks associated. It is important to review government updates on vaccination and this article hopefully provides some framework on which women can consult their physicians when considering the AZ vaccination.
proceed with the process 在 Daphne Iking Youtube 的最讚貼文
I first heard about cord blood banking 13 years ago when I was pregnant with Isobel. My family history of breast , throat and colon cancer played a bit part in my decision to bank Isobel’s cord blood and even though cord blood stem cells aren’t being used to treat those diseases right now, research IS ongoing and I really believe this will be the treatment of choice in the near future.
I look at it more as insurance for Isobel, and for me.
Oddly, I didn’t think of storing Iman and Isidore, my second and third childs’ baby cord blood – probably because I thought Isobel’s cord blood would be enough for her siblings SHOULD they need it… but when I found out I was pregnant with Ilon, and made the decision to proceed with the pregnancy despite the odds, I revisited the decision to bank my 4th child’s cord blood but not without some concerns from Azmi – and rightfully so.
My primary reason for banking Ilon’s cord blood was for peace of mind. When I made that decision to keep my precious baby, naturally Azmi and I committed to it and did so much to prepare for Ilon’s birth to ensure his and my health and life was priority.
But is cord blood banking one of the things you ought to consider? To decide, it helps to know how the process works, and what cord blood may be able to do (and can’t), should you ever need it.
Here to help separate the hype from the facts of cord blood and tissue banking, I speak to Mr Andy Hon, Medical Science Liasion from Stemlife Berhad – to answer any questions you have in mind.
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Thanks for watching and please do not forget to subscribe!
Also follow me on my other social media channels:
Instagram
https://www.instagram.com/daphneiking/
Facebook
https://www.facebook.com/daphneiking/
Twitter
https://twitter.com/DaphCLPT
If you also need my profile and showreel, please visit:
joelebosi.wix.com/bedifulstory
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