What is the test for an action for breach of duty of honest performance and good faith?
Ontario, Canada
The following excerpt is from Aimco Re GP Corp. v. CHC MPAR Church Holdings Inc., 2019 ONSC 5864 (CanLII):
Third, a plaintiff alleging a breach of the duty of honest performance and good faith must have a contract. If there is no contract, there is nothing to perform. If there is nothing to perform, it cannot be performed dishonestly or in bad faith, McDonald v. Brookfield Asset Management Inc., 2016 ABCA 375 at para 57.
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