- breach of section 5(2)—requiring the party to return the goods or give possession of the immovable property to the other party.
(4) Where the assessor determines under subsection (1)(b) that it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit may be forfeited or retained (as the case may be) for the full amount or such amount as the assessor considers just and equitable.
(5) Where the assessor determines under subsection (1)(b) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit or part of the deposit must be restored as if it had not been forfeited.
(6) Where the assessor determines under subsection (1)(b) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case.
(7) An assessor's further determination under subsection (3) or (6), or determination under subsection (5) may, with leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.
(8) Where leave of the court is so granted, judgment may be entered in the terms of the assessor's determination.
(9) The assessor's determination is binding on all the parties to the application and all parties claiming under or through them.
(10) There is no appeal from an assessor's determination.
(11) A person who, without reasonable excuse, fails to comply with a further determination made by an assessor under subsection (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(12) A person who, without reasonable excuse, fails to restore an amount of a deposit determined by an assessor to be restored shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
