關於 test plan test case ，我們在網路上蒐集到這些相關的討論、資訊與評價

✍️ การจะทดสอบซอฟต์แวร์อันนึงเนี่ย เราก็ต้องแพลน คิด Test Case ให้ครอบคลุมมากที่สุด เพื่อให้ซอฟต์แวร์ของเราผิดพลาดน้อยที่สุดหรือไม่ผิดพลาด ก่อนที่จะทำการส่งมอบซอฟต์แวร์ให้กับลูกค้า
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🔥 เพื่อนๆ รู้หรือไม่ การจะทดสอบซอฟต์แวร์อันนึงเนี่ย มันต้องทำเอกสารอะไรบ้าง??
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และวันนี้แอดมาสรุปประเภทของเอกสาร Test ที่คนเป็น Software Tester ต้องรู้!! มันมีอะไรบ้าง แล้วแต่ละอย่างคืออะไร ไปอ่านกันเลยจ้า
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📑 1) Test Plan - เป็นเอกสารที่อธิบายขอบเขต แนวทาง วัตถุประสงค์ และเครื่องมือที่ใช้ในการพัฒนาซอฟต์แวร์ รวมไปถึงการกำหนดระยะเวลาในการทดสอบซอฟต์แวร์ด้วย
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📝 2) Test Scenario - เป็นการกำหนดเงื่อนไขในการทดสอบซอฟต์แวร์ กำหนดสิ่งที่เป็นไปได้ในการทำงานของซอฟต์แวร์ เปรียบเสมือนว่าเราเป็นผู้ใช้จริงๆ ค้นหาสถานการณ์จริงที่สามารถเกิดขึ้นได้ขณะใช้ซอฟต์แวร์
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📜 3) Test Case - เป็นเอกสารที่ใช้อธิบายวิธีการทดสอบ การดำเนินการ หรือเหตุการณ์ต่างๆ ที่จะนำมาทดสอบซอฟต์แวร์ให้ครอบคลุมมากที่สุด และควรระบุผลลัพธ์ที่เราคาดหวังไว้ด้วย เพื่อเป็น Checklist ว่าซอฟต์แวร์สามารถทำงานได้ถูกต้องหรือไม่
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📃 4) Traceability Matrix - เป็นเอกสารที่ช่วยทบทวนว่าซอฟต์แวร์ทำงานได้ตรงตาม Test Case ที่เราตั้งไว้หรือไม่ ซึ่งมันจะทำให้เราเห็นภาพรวม และ Timeline ของการพัฒนาและแก้ไขซอฟต์แวร์ เป็นสิ่งสำคัญมากๆ เพราะเราต้องตรวจเช็คซอฟต์แวร์ที่พัฒนาขึ้นมาให้ละเอียดมากที่สุด ก่อนจะส่งมอบให้กับลูกค้านั่นเองจ้า
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borntoDev - 🦖 สร้างการเรียนรู้ที่ดีสำหรับสายไอทีในทุกวัน

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”

聖誕冷知識!

Are you ready for some Christmas trivia?

準備好挑戰關於聖誕節的冷知識大考驗了嗎？

Test you friends on these tidbits of Christmas knowledge. How many did you get right?

考考你朋友有關聖誕節的趣聞知識，你答對了幾題?

祝同學聖誕節快樂🎄🎁🎅

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1. Out of every 10 people, how many Americans celebrate Christmas?

美國人當中每十人有幾個慶祝聖誕節？

Answer: Nine in 10 Americans celebrate Christmas, according to a 2017 survey conducted by the Pew Research Center, and around 55% consider it a religious holiday, while 33% think of it as more of a cultural celebration.

皮尤研究中心於2017年進行的一項調查顯示，十分之九的美國人慶祝聖誕節；大約55％的人將其視為宗教節日，而33％的人則將其視為一種文化慶祝活動。

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2. Has Christmas ever been illegal to celebrate?

慶祝聖誕節曾經是非法的嗎？

Yes. The Massachusetts-Bay Colony ordinance of 1659 made Christmas illegal to celebrate in that specific colony. The law was repealed in 1681. Christmas didn’t become a state holiday in Massachusetts until 1856, though.

沒錯。 1659年的馬薩諸塞州灣殖民地法令讓在那個殖民地慶祝聖誕節是非法的，該法律於1681年被廢止。聖誕節直到1856年才成為馬薩諸塞州的國定假日。

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3. How did red and green become Christmas colors?

紅和綠是如何成為聖誕節代表色？

We mostly have holly and Coca-Cola to thank for the rise of red and green as Christmas colors. Holly, obviously, has bright red berries and dark green leaves. It was used long ago by the ancient Celts for winter solstice celebrations as a symbol of protection and good luck. Coca-Cola’s role in making the colors a widespread combo for the holiday began in 1931 with ads featuring Santa Claus in a red and white suit surrounded by a green background and accents.

拜冬青樹和可口可樂所賜，紅色和綠色逐漸成為聖誕節的顏色。顯然地，冬青有鮮豔的紅色漿果和深綠色的葉子；古代凱爾特人很早以前就用它作為冬至慶祝活動，冬青有保護和好運的象徵。可口可樂讓這兩個顏色成為聖誕節廣為人知的組成則始於1931年，廣告中聖誕老人穿著紅色和白色的西裝，周圍環繞著綠色背景和符號點綴。

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4. True or false: "Jingle Bells" was written to be a Christmas song.

「鈴兒響叮噹」是為了聖誕節而寫的對嗎？

False! The song wasn’t intended to be attached to the holiday. Some historical reports say it was first performed at a Thanksgiving church service. In any case, the lyrics don’t mention any holiday at all.

錯！這首歌當初和這節日沒有關聯。有歷史報導說這首歌第一次是在感恩節教堂第一次被表演。總之，歌詞當中根本沒有提到任何節日。

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5. How many Americans use artificial Christmas trees?

多少美國人會用人造聖誕樹？

A survey conducted by Nielsen for the American Christmas Tree Association found that nearly 94 million U.S. households will display a Christmas tree this year. Of those, 85 percent are artificial.

尼爾森為美國聖誕樹協會所做的一項調查發現，今年有將近9,400萬的美國家庭展示聖誕樹，其中85％是人造的。

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6. How much do Americans spend on holiday shopping?

美國人在聖誕節會花多少錢買東西？

The National Retail Federation reports that Americans plan to spend an average of about $998 this year on holiday shopping. That’s down from last year’s average of around $1,048.

全美零售聯合會指出，美國人預計在這個聖誕節平均花費大約998美元消費，相較去年的平均值1,048美元有所下滑。

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7. True or false: People no longer send out Christmas cards.

人們不再寄聖誕卡片了對嗎？

False! The rate of sending any greeting card has gone down over the years, but this year especially, people are sending holiday cards as a way to connect with others during the pandemic.

錯！這些年來發賀卡的速度不斷下降，但特別是在今年，為了在流行病期間與他人聯繫，人們會發送節日賀卡。

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8. What's the most popular Christmas song of all time?

歷史上最受歡迎的聖誕節歌曲為何？

Answer: The most recorded Christmas song of all time is "Silent Night," according to Time, whereas "White Christmas" by Bing Crosby holds the Guinness World Record for the best-selling single.

答：根據《時代》雜誌，有史以來錄製最多次的聖誕節歌曲是《寂靜的夜晚》，而Bing Crosby的《白色聖誕節》則維持吉尼斯世界紀錄的最高銷量。

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9. Why do we hang Christmas stockings?

為什麼我們要掛聖誕襪？

Answer: The tradition came about thanks to a legend that states the generous Turkish bishop St. Nicholas helped a set of three poor sisters avoid a life of indentured servitude by paying for their dowries. For three nights, the bishop threw gold down their chimney, which landed in their stockings hung by their fireplace to dry. Now we carry on the tradition by hanging stockings to fill with gifts and small treats.

答：這個傳統來自於一個傳奇。故事說道，慷慨的土耳其主教聖尼古拉斯支付嫁妝幫助一組可憐的三個姐妹免除奴役。主教把煙囪裡的金子扔了下來共三晚，而金子掉入壁爐旁掛著的長襪中晾乾了。現在，我們透過掛襪子來放禮物和小點心來延續傳統。

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10. True or false: There was once a real-life Santa Claus.

現實生活中曾有聖誕老人對嗎？

Answer: True! The Christian bishop Saint Nicholas was the inspiration behind the jolly man we all know and love. St. Nicholas, a generous, gift-gifting clergyman, lived in modern day Turkey and devoted his life to helping the poor, according to Biography.

答：沒錯！基督教主教聖尼古拉是我們大家都知道並且喜歡的歡樂男人（聖誕老人）背後的靈感來源。根據傳記，聖尼古拉斯是一位慷慨、會送禮的神職人員，住在現代土耳其，一生致力於幫助窮人。

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Bonus Question: Can you still say Merry Christmas?

I will leave this question to you.

你還能再說「聖誕快樂」嗎？還是要講別的說法? 這問題的答案留給你好好思考。

社論:
https://www.nbcnews.com/think/opinion/using-merry-christmas-or-happy-holidays-no-longer-about-putting-ncna1106181

https://this.deakin.edu.au/society/are-we-allowed-to-say-merry-christmas-anymore

https://www.inquirer.com/opinion/commentary/merry-christmas-happy-holidays-war-on-christmas-20191211.html

https://www.history.com/news/the-war-of-words-behind-happy-holidays

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資料來源:
https://www.housebeautiful.com/entertaining/holidays-celebrations/a35016633/christmas-trivia/
https://www.goodhousekeeping.com/holidays/christmas-ideas/g2972/surprising-christmas-facts/

圖片來源:
https://icebreakerideas.com/christmas-trivia/

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生活美語: https://bit.ly/2H42k8T

批判性思考問題大全: http://bit.ly/34rdtJ7

Link for answer a set of questions: https://forms.gle/uMjBUPcrBoxaG1w77

Welcome to Electrical Labs. Every student and staff that needs to enter the Electrical Labs is required to watch this safety briefing video and is also required to answer a set of questions. Your awareness of the importance of laboratory safety makes yourself become eligible to utilize the laboratories throughout the semester.

Please ensure that you wear proper attire. Slippers (flip-flops) are strictly prohibited, let alone barefoot.

Read all the posters that you see. Blue: Important! Green: Information. Yellow: Caution! Red: Danger!

There are several long information regarding the standard operating procedure (SOP), policy and officials contact numbers that need to be reached during an emergency. Please read the information on the wall. You may snap its picture using your camera and read it before you go to bed. Don’t let those information posters only become the wall decoration, but fill your chest (mind) with our safety procedure.

In case of emergency that requires evacuation, …

Make sure you know how to answer these three questions:
Do you know all exit doors?

The main exit can be opened by pressing the Press button.
Other doors can be opened manually. Make sure they are unlocked. If locked, please report it to the lab person-in-charge (PIC).
Make sure the EXIT lamp lights up. Do a simple test. If it is not functioning, please report it to the lab PIC.
Make sure there is no obstacle along the exit route. If yes, please report it to the lab PIC.

Question: If evacuation is required, where do we need to go? Canteen (café)? Toilet? Prayer room?

That is a good question. At every main door, we have prepared the emergency exit route plan to a certain location which is known as the Assembly Point. Please refer to it at the main door. If not available, please report it to the lab PIC.

In the incidence of (small) fire that you are able to deal with, use the provided fire extinguisher. Make sure you know the location of the fire extinguisher. Make sure the reading of pressure meter is normal. If it is used, report it to the PIC.

The steps [in using the fire extinguisher]: PASS

Pull-Aim-Squeeze-Sweep

The fire extinguisher can only be used once. Right after using it, make a report to the PIC.

In the occurrence of a minor accident that you are able to deal with, use the first aid kit properly. Every usage of the item in the kit must be recorded for the purpose of replacement.

Be aware of the emergency switch location. If your friend got an electric shock, use the wooden stick properly. And don’t open the 415 Volt electrical panel without the knowledge of the lab PIC.

After using the lab, please practice the 5S procedure for the benefit of all parties.

Finally, every problem related to safety, minor or major injuries, please make a report to the officials within 24 hours. Any damages incurred must also be reported to the lab PIC.

[We won’t punish you. The report will be used for incident prevention.]

That’s all. Thanks for watching. Please answer the questions in the Google doc (Google form) to test your understanding, in order [for us] to instill the safety culture at the laboratories. Please provide your name, and number (ID or phone?) for the purpose of recording and observation.

Thank you.

https://forms.gle/uMjBUPcrBoxaG1w77

LIFEPROOF FRE CASING GIVEAWAY BELOW

In Week 9, things didn't go as planned training wise, cause my glutes were still very very very sore from the EMS workout session. I'll admit it was very frustrating and this is why, my coach told me early on in the program, please don't do anything else outside of the training. So while I enjoyed a very plump butt for a whole week, I was a bit frust that i couldn't do my normal training. Not complaining, cause i'm seeing the benefits of adding EMS to my training cause it can help even more muscles get recruited. I'll need to plan this carefully.

I finally got down to meeting my posing coach. Very thankful to Sean from Befit who got me in contact with her. What was surprising and wonderful to me, was knowing that I have met her 11 years ago! We took part in another beauty and fitness competition conducted by Watsons years ago, where she won the Ms Fitness. She had an amazing body then and now! I was so impressed upon arrival she had drawn out the stage and my posing spots. We went through some simple poses and I got to understand how breathing is so important even while posing. My first official lesson will begin this week as I upload this vlog.

The week and weekend became even more hectic as shoots started to appear. I wasn't originally set out to do shoots till two weeks time, but not going to say no to an opportunity. Also taking these shots would be a good gauge so I can see where I'm at currently and what else do i need to improve on.

I made sure nutrition was completely on point, because I didn't want to end up craving carbs or anything thats not in my diet plan. Which means I had to ensure my protein and fats were up. It has become more expensive to eat more protein but thats the nature of this competition. I haven't even gone into the other supplements I require other than magnesium. The conclusion is that it's getting expensive, but im prepared for it.

Thanks for getting to the end of the Vlog and I did say i'll make it worthwhile so here's another GIVEAWAY!

To get the LIFEPROOF case for IPHONE 7 PLUS
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