Ontario Ruling Supports International Online Play

The Ontario Court of Appeal has delivered a decision that could reshape how the province’s licensed operators run online gaming and betting platforms. In a 4–1 ruling, the court concluded that Ontario’s regulated operators can legally permit their users to engage with players outside Canada, provided the provincial framework remains in place. This interpretation could broaden participation in peer-based formats such as online poker and daily fantasy contests, moving Ontario closer to a more globally interconnected gaming environment.

Judicial Findings and Interpretation

The matter reached the Court of Appeal after Premier Doug Ford’s cabinet issued an order-in-council seeking clarity on how federal law applies when Ontario players interact with participants located internationally. The core question was whether this model would still satisfy the Criminal Code’s requirements. Chief Justice Michael Tulloch noted in the published decision that “a majority of the court has concluded that online gaming and sports betting would remain lawful” under the province’s proposed approach.

The majority decision affords the province the opportunity to allow operators to host games with participants beyond national borders. One judge dissented, but the ruling nonetheless stands unless successfully challenged. Officials at the Ontario Ministry of the Attorney General declined to offer further comment, emphasizing that the matter continues to fall within the legally permissible appeal period.

Reaction Across Provinces and Possibility of Appeal

The judgment has prompted a strong response from the Canadian Lottery Coalition, which represents public lottery and gaming organizations in British Columbia, Saskatchewan, Manitoba, and the Atlantic provinces. These organizations have long expressed concern that cross-border online play could complicate enforcement and potentially encourage illegal offshore activity within their territories. In a statement to CBC News, the coalition highlighted that it was “encouraged” the court acknowledged that players from other Canadian jurisdictions cannot participate without formal agreements in place.

Legal experts are now watching closely to see whether the case advances to the Supreme Court of Canada. Toronto-based lawyer Don Bourgeois of Fogler, Rubinoff LLP said, “I expect it will be appealed — but there may be dynamics in play that say, ‘OK, let’s move on.’” He also praised the majority’s reasoning, characterizing the judgment as a “really good, detailed, cogent analysis of the law and the facts,” and pointed out that the decision ultimately confirmed the core lawfulness of Ontario’s model.

Financial Stakes and Public Health Concerns

There are considerable economic interests tied to this ruling. Under current rules, Ontario restricts participation on regulated peer-to-peer platforms to players physically inside the province. This limitation has pushed many higher-stakes players toward unregulated offshore sites, creating both financial leakage and consumer-protection challenges. With cross-border participation now potentially viable, the province may be positioned to reclaim part of that market.

Government data from the most recent fiscal year, covering April 1, 2024, through March 31, 2025, reported $82.7 billion in wagers and $3.2 billion in gross gaming revenue. Peer-to-peer poker activity accounted for $1.7 billion in wagers and $66 million in revenue—the same levels recorded in the previous reporting cycle—while casino gaming posted a 36% rise and betting revenue increased by 23%.

However, the possibility of wider participation has prompted caution from public-health researchers. Andrew Kim, Canada Research Chair in addictions and mental health co-morbidity, said, “Essentially by allowing international players, it’s another one of those things where it’s going to increase engagement — and the more engagement you have, the more risk for potential harm for Ontarians.”

Operational Path Forward

At present, private operators working with iGaming Ontario must verify that all players are physically within Ontario’s borders before they can participate. With the Court of Appeal’s decision, these operators may soon be able to develop separate platforms that admit international players while keeping their Ontario-regulated environments distinct. The ruling also preserves an important safeguard: residents of other Canadian provinces cannot be included unless their respective governments sign agreements with Ontario, maintaining the long-standing structure of provincial oversight.

Source: Ontario Court Clears Online Gambling With Players Outside Canada, Real Money Action, November 14, 2025