52Disability

#### 52 Disability 52 Disability > > (1) Subject to subsections (2) and (3) and subject to section 53, where— > > > > > (a) a person has a cause of action, > > > > > (b) the limitation period fixed by this Act for the cause of action has commenced to run, and > > > > > (c) the person is under a disability, > > > > in that case— > > > > > (d) the running of the limitation period is suspended for the duration of the disability, and > > > > > (e) if, but for this paragraph, the limitation period would expire before the lapse of three years after— > > > > > > > (i) the date on which the person last (before the expiration of the limitation period) ceases to be under a disability, or > > > > > > > (ii) the date of the person’s death, > > > > > > (whichever date is the earlier), the limitation period is extended so as to expire three years after the earlier of those dates. > > > (2) This section applies whenever a person is under a disability, whether or not the person is under the same or another disability at any time during the limitation period. > > > (3) This section does not apply to a cause of action to recover a penalty or forfeiture or sum by way of penalty or forfeiture, except where the person having the cause of action is an aggrieved party.