(1)  A tenant must not, in connection with a retail lease, engage in conduct that is, in all the circumstances, unconscionable.

(2)  Without in any way limiting the matters to which a prescribed body or prescribed person may have regard for the purpose of determining whether a tenant has contravened subsection (1) in connection with a retail lease, the prescribed body or prescribed person may have regard to the following matters:

(a) the relative strengths of the bargaining positions of the tenant and the landlord;

(b) whether, as a result of conduct engaged in by the tenant, the landlord was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the tenant.