Background:

• The Sheldon M. Chumir Foundation, a registered charity, received a notice from the Minister of National Revenue regarding the intention to revoke its charitable status under subsection 168(1) of the Income Tax Act (ITA).
• The Foundation sought a court order to prevent the publication of the revocation notice in the Canada Gazette until it had fully exercised its rights of objection under the ITA.

Legal Test Applied:

• The Foundation needed to satisfy a conjunctive tripartite test for a stay or interlocutory injunction:
  1. Serious Issue to be Determined: There was agreement that a serious issue was present.
  2. Irreparable Harm: The Foundation claimed potential harm to its reputation, funding, and third-party relationships if the notice was published.
  3. Balance of Convenience: Not assessed due to failure on the irreparable harm criterion.

Court Findings:

• The Court concluded that the Foundation did not provide sufficient evidence of irreparable harm; its claims were deemed general and speculative.
• As the Foundation did not meet all three criteria, particularly failing to prove irreparable harm, the request for an order was denied.

Outcome:

• The application was dismissed with costs awarded to the respondent in the amount of $5,000.