A pivotal ruling by Ontario’s Court of Appeal, released on November 12, 2025, has given the green light to the province’s online gaming market to allow l against international participants. This decision could have significant implications for the future of peer-to-peer (P2P) games like online poker and daily fantasy sports (DFS), potentially revitalizing Ontario’s online gaming industry by opening it up to larger global player pools.
Court’s Majority Opinion and Legal Basis
The Ontario Court of Appeal was tasked with interpreting the legality of pooling Ontario’s players with those located outside of Canada for online gaming, as outlined in the Criminal Code. The case was triggered by a request from the Ministry of the Attorney General in February 2024, seeking clarification on whether such cross-border play would remain within the bounds of Canadian law. The court’s majority opinion, with four out of five judges in support, concluded that allowing international players would be lawful under the Criminal Code. The ruling specifically cited Section 207(1)(a), which permits provinces to “conduct and manage” a lottery scheme within their borders and, in certain circumstances, across provincial lines.
However, the ruling’s application outside provincial borders was contested. The dissenting judge argued that Ontario’s proposed framework would stretch the limits of provincial jurisdiction by involving international players. Despite the dissent, the majority opinion reaffirmed that Ontario could regulate cross-border online gaming under the Criminal Code as long as the province’s operators managed the games in accordance with local laws. This decision is seen as a victory for Ontario’s regulated iGaming market, as it could revitalize gaming activities that have been limited due to provincial restrictions.
The ruling is being hailed as a significant step forward for Ontario’s iGaming sector, which has been hampered by the limitations of its closed player pools. Currently, P2P poker and DFS games are restricted to local players, a regulation that has led major operators like DraftKings and FanDuel to suspend their DFS services in Ontario. Poker platforms such as PokerStars, GGPoker, and BetMGM also remain limited by Ontario’s closed liquidity model. The provincial market for P2P poker currently contributes only a small share—approximately 2%—of Ontario’s total iGaming revenue.
Industry experts argue that the ability to pool players internationally could significantly increase liquidity, attracting more players to Ontario’s regulated platforms. The Canadian Gaming Association (CGA), along with operators like PokerStars’ parent company Flutter and GGPoker’s operator NSUS, have all expressed support for this move, suggesting it could revitalize the market and bring back prominent DFS operators that left Ontario due to these restrictions.
In response to the ruling, CGA President Paul Burns commented, “This decision is a significant victory for Ontario consumers who enjoy pooled gaming activities like poker and DFS. It will bring back valuable options for players and increase the appeal of regulated platforms.”
Challenges and Future Steps
While the ruling is seen as a win for Ontario’s iGaming consumers, its implementation remains uncertain. A number of issues must still be addressed, including agreements with international jurisdictions, governance, and the distribution of gaming revenues. Furthermore, the Canadian Lottery Coalition (CLC), which represents several provinces’ gaming agencies, has 30 days to appeal the decision to the Supreme Court of Canada. The CLC has voiced concerns that this ruling may violate the Criminal Code by extending provincial gaming activities outside its jurisdiction.
Despite these potential hurdles, Ontario’s government is optimistic that the ruling will enable the province to strike deals with international operators and other jurisdictions, helping the regulated market expand and bring in more revenue. The province will need to work closely with the Alcohol and Gaming Commission of Ontario (AGCO) to design a compliant model that respects both local and international regulatory frameworks.
According to CBC, The Canadian Lottery Coalition — representing gaming‑agencies in other provinces — maintains concerns and has up to 30 days to file an appeal to the Supreme Court of Canada. The coalition emphasised that “players in our jurisdictions cannot be permitted to participate in games or betting, unless an agreement is in place with our provinces.”
