Ontario’s Court of Appeal has delivered a significant ruling that could reshape the province’s online gaming landscape. The court’s decision, announced on November 12, 2025, has paved the way for Ontario’s regulated online gambling platforms to allow players to participate in peer-to-peer games, like online poker and daily fantasy sports, with participants located outside Canada. This precedent-setting judgment was reached with a majority of four judges in favor, while one dissenting judge opposed the ruling.
The case arose from a request by Ontario Premier Doug Ford’s government for a legal opinion on the matter. Specifically, the court was asked whether online gaming and sports betting could remain lawful under Canada’s Criminal Code if players were permitted to compete with individuals outside of Canada. In their decision, the majority of the court concluded that such an arrangement would not breach Canadian law, thus allowing operators in Ontario to extend their services to international participants.
Legal Implications and Concerns
Chief Justice Michael Tulloch explained that the decision was based on the court’s interpretation of the Criminal Code, affirming that online gaming and sports betting would remain lawful under Ontario’s proposed plan. Despite the legal victory for Ontario, the decision has sparked concern among other provinces. Lottery and gaming agencies from British Columbia, Saskatchewan, Manitoba, and the four Atlantic provinces strongly opposed the expansion. They argued that this move could facilitate the growth of illegal online gambling in their regions.
The Canadian Lottery Coalition, which represents these provinces, expressed its reservations in a statement issued after the ruling. The group emphasized that players from other provinces should not be allowed to participate in games or betting unless a formal agreement is in place with the respective provincial authorities. However, the coalition did not offer further comment on their next steps, though they hinted at the possibility of an appeal.
Potential Benefits and Risks of the Expansion
Industry insiders are optimistic about the ruling’s potential to boost revenue. Online gaming experts argue that Ontario’s move could significantly increase wagers and gaming revenue, particularly in online poker and daily sports fantasy betting. Currently, many Ontario residents seek international platforms offering higher-stakes games, bypassing provincially regulated sites. With the new ruling, Ontario aims to bring those gamblers into the regulated market, capturing additional revenue and ensuring safer gambling environments.
According to figures from the Ontario government, the province generated $82.7 billion in wagers and $3.2 billion in gross gaming revenue during the fiscal year 2024-2025. While peer-to-peer (P2P) poker accounted for a smaller portion, generating $1.7 billion in wagers and $66 million in revenue, the expanded access could enhance these numbers.
However, experts caution that increased accessibility to international gambling markets could exacerbate the risks associated with online gambling. Andrew Kim, an assistant professor of psychology at Toronto Metropolitan University, warned that increased engagement could lead to a higher risk of harm for Ontarians. As Ontario opens its doors to international players, experts stress the need for robust regulatory frameworks to mitigate these potential risks.
Looking Ahead: The Possibility of an Appeal
While Ontario’s government has expressed satisfaction with the ruling, the matter may not be settled yet. Legal experts, including Don Bourgeois, a lawyer with Fogler, Rubinoff LLP, have speculated that the decision could be appealed to the Supreme Court of Canada. According to Bourgeois, although the ruling presents a detailed and compelling analysis of the law, the dynamics surrounding the case suggest that Ontario may choose to move forward with its plan despite the possibility of an appeal.
The Ontario Ministry of the Attorney General declined to comment on the decision, citing the ongoing appeal period. It remains to be seen whether the ruling will stand, as the Canadian Lottery Coalition reviews its options.
Source:
Ontario court rules province can allow online gamblers to play with people outside Canada, cbc.ca, November 12, 2025
