(1) On application by an owner, a court of competent jurisdiction may by order declare that a resident does not have a right to rescind a residence contract relating to retirement village land of the owner if the Court is satisfied that the owner and an owner's agent have acted honestly and reasonably and ought fairly be excused for the contravention of section 19 or 20 which gave rise to the right of rescission, and that the resident is in substantially as good a position as if all the provisions of those sections have been complied with.
(2) Subsection (1) applies despite anything to the contrary in section 22.