(a) to compensate for a loss caused by the attorney’s failure to
comply with this Act in the exercise of a power; or
(b) to account for any
profits the attorney has accrued as a result of the attorney’s failure to
comply with this Act in the exercise of a power.
(2) However, the court or
tribunal may not order the attorney to make a payment under both subsection
(1) (a) and (b) in relation to the same exercise of power.
(3) Subsection (1)
applies even if the attorney is convicted of an offence in relation to the
attorney’s failure.
(4) Also, subsection (1) applies even if the
attorney’s appointment has ended.
(5) If the principal or attorney has
died, an application for an order under subsection (1) must be made to the
court or tribunal within 6 months after the death.
(6) If the principal and
attorney have died, an application for an order under subsection (1) must be
made to the court or tribunal within 6 months after the first death.
(7) The
court or tribunal may extend the application time.
(8) An amount paid under
an order under subsection (1) must be taken into account in assessing damages
in a later civil proceeding in relation to the attorney’s exercise of the
power.