The Ontario Court of Appeal has decided that Ontario’s regulated online gambling platforms can permit players in the province to engage with individuals from outside Canada. This landmark ruling, which faced opposition from lottery and gaming agencies in most other provinces, may enable Ontarians to participate in peer-to-peer games, such as online poker and daily fantasy sports, against international opponents.
In a decision released on the court’s website, four judges supported the ruling, while one judge dissented. Chief Justice Michael Tulloch explained that the decision is based on the court’s interpretation of the Criminal Code, affirming that online gaming and sports betting would remain legal under Ontario’s proposed framework.
The immediate implications for online gaming in the province remain uncertain. The Ministry of the Attorney General declined to comment on the matter, citing the ongoing appeal period. There is a possibility of appealing the decision to the Supreme Court of Canada. Concerns raised by lottery and gaming agencies from British Columbia, Saskatchewan, Manitoba, and the Atlantic provinces revolve around the potential rise of illegal online gambling in their respective jurisdictions.
The Canadian Lottery Coalition, representing these opposing agencies, expressed encouragement over the court’s acknowledgment that players in their jurisdictions must not engage in games or betting without provincial agreements in place. They intend to further scrutinize the ruling before making additional statements.
Legal expert Don Bourgeois from Fogler, Rubinoff LLP anticipates a potential appeal to the Supreme Court of Canada. He praised the thorough legal analysis presented in the ruling, emphasizing the majority’s conclusion that the proposed gaming model adheres to the law.
The case was initiated by an order-in-council from Premier Doug Ford’s cabinet, seeking clarity on the legality of online gaming involving individuals outside Canada under the Criminal Code. While the ruling could expand gambling options for Ontarians, concerns about increased risks, highlighted by psychology professor Andrew Kim, emphasize the importance of responsible gambling practices.
The decision also has significant financial implications, with industry experts estimating substantial revenue potential from online poker and daily sports fantasy betting sites in Ontario. By allowing international participation, regulated platforms could attract more players and revenue to the province’s gambling industry, aligning them with provincial regulations.
According to provincial data, Ontario generated $82.7 billion in wagers and $3.2 billion in gross gaming revenue between April 1, 2024, and March 31, 2025. Peer-to-peer poker games accounted for a smaller portion of this revenue compared to other gaming sectors, remaining stable over the years while casino and betting gaming revenues experienced notable increases.