In a review application, is the petitioner entitled to permanent spousal support under section 15.2 of the Divorce Act?

Accordingly, in the present review application, the petitioner's entitlement to permanent spousal support has to be considered in light of the principles enunciated in Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 and Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, and those set out in s. 15.2 of the Divorce Act. I pause to note that the notice of motion makes reference to sections 16 and 17 of the Divorce Act as supporting the petitioner's position. In light of above discussion, I have determined that s. 17 is not applicable, as this application is not a variation proceeding. Section 16 relates to child custody, which is not in issue. I believe that the petitioner meant to refer to s. 15.2 instead of s. 16, and I will proceed on that basis, as it was evident in counsel's able submissions that neither party was misled by the omission to reference to s. 15.2 and their submissions were directed accordingly.