The Ontario Court of Appeal has made a significant ruling allowing the province’s regulated online gaming platforms to permit players in Ontario to engage in games with individuals outside of Canada. This decision, which diverged from the stance taken by lottery and gaming agencies in most other provinces, could enable Ontarians to participate in peer-to-peer games such as online poker and daily fantasy sports against international players.
A panel of four judges supported this decision in a ruling posted on the court’s website, while one judge dissented. Chief Justice Michael Tulloch emphasized that the ruling aligns with the court’s interpretation of the Criminal Code, asserting that online gaming and sports betting would remain legal under Ontario’s proposed framework.
The immediate implications for Ontario’s online gaming plans remain uncertain. The Ministry of the Attorney General declined to comment on ongoing legal matters. The possibility of appealing the decision to the Supreme Court of Canada exists, as voiced by lottery and gaming agencies opposing Ontario’s approach due to concerns about potential increase in illegal online gambling activities.
The Canadian Lottery Coalition, representing various provinces managing gambling operations, expressed encouragement over the court’s acknowledgment that players within their jurisdictions should not engage in games or betting without appropriate provincial agreements. The group plans to further assess the court’s ruling before making additional statements.
Legal expert Don Bourgeois from Fogler, Rubinoff LLP anticipates a potential appeal to the Supreme Court, acknowledging the comprehensive legal analysis presented in the decision. The case originated from an order-in-council by Premier Doug Ford’s cabinet seeking clarity on the legality of online gaming and sports betting involving individuals outside Canada under the Criminal Code.
While the ruling could expand gambling options for Ontarians, concerns have been raised about the associated risks. Andrew Kim, an assistant professor specializing in psychology and addiction issues, emphasized the potential for increased harm with international player involvement. Industry insiders highlight the financial stakes involved, with hundreds of millions of dollars in potential wagers at online poker and daily sports fantasy betting sites.
The ruling may lead to more revenue for Ontario as it could attract players back to regulated platforms from international sites. Ontario’s gaming market generated substantial revenue, with billions in wagers and gross gaming revenue reported in recent years. Peer-to-peer poker games, though a smaller segment, contributed significantly to the overall revenue landscape.