The plaintiff foundation, established by a deceased donor, brought a motion for an interlocutory injunction or an order under Rule 45.02 to prevent the defendant charitable foundation from making distributions from a donor-advised fund.
The plaintiff sought to compel the defendant to make distributions according to the plaintiff's instructions.
The court dismissed the motion, finding no serious issue to be tried because a valid charitable gift requires the donor to divest all power and control over the property to the donee.
The plaintiff conceded it could not compel specific donations, and failed to establish irreparable harm or that the balance of convenience favoured an injunction.
