Ontario players may soon be able to compete in online games with participants from outside Canada, following a landmark ruling by the Ontario Court of Appeal. The 4–1 decision supports the province’s regulated internet gaming websites, potentially expanding options for peer-to-peer games like online poker and daily fantasy sports.
Court Ruling and Legal Basis
The court examined an order-in-council issued last year by Premier Doug Ford’s cabinet, which sought clarity on whether legal online gaming and sports betting would remain lawful under the Criminal Code if users could play with individuals abroad. Chief Justice Michael Tulloch noted that the court’s interpretation concluded that “a majority of the court has concluded that online gaming and sports betting would remain lawful” under Ontario’s proposed plan.
Four judges supported the measure, with one dissenting. The ruling could allow provincial operators to host international players while ensuring the activity remains regulated. The Ontario Ministry of the Attorney General declined to comment, stating the matter remains within the appeal period.
Potential Supreme Court Appeal
The decision has drawn attention from the Canadian Lottery Coalition, representing lottery and gaming agencies in British Columbia, Saskatchewan, Manitoba, and the Atlantic provinces. They expressed concern that the ruling could lead to the expansion of illegal online gambling in their jurisdictions. In a statement to CBC News, the coalition said it was “encouraged” that the court recognized that players outside their jurisdictions cannot participate without agreements in place.
Toronto lawyer Don Bourgeois of Fogler, Rubinoff LLP observed that a Supreme Court appeal is possible. “I expect it will be appealed — but there may be dynamics in play that say, ‘OK, let’s move on,’” he said. Bourgeois praised the court’s reasoning, calling it a “really good, detailed, cogent analysis of the law and the facts” while noting the majority upheld the lawfulness of Ontario’s model.
Revenue and Gaming Impact
Industry observers note significant financial implications. Current provincial rules prevent Ontarians from mixing with international players, leading many to seek offshore sites for higher-stakes games. The ruling could draw those gamblers into the regulated system, increasing provincial revenue.
Provincial figures show $82.7 billion in wagers and $3.2 billion in gross gaming revenue from April 1, 2024, to March 31, 2025. Peer-to-peer (P2P) poker contributed $1.7 billion in wagers and $66 million in revenue—unchanged from the previous year—while casino gaming rose 36% and betting gaming revenue increased 23%. Experts caution that broader access could heighten risks of gambling harm. 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.”
Next Steps
Currently, private operators partnering with iGaming Ontario must restrict play to individuals physically located in Ontario. The ruling now opens the possibility for these operators to allow international users through separate platforms, while maintaining regulated oversight. The legal framework ensures that non-Ontario Canadian players cannot participate without provincial agreements, preserving interprovincial control.
Source:
“Ontario court rules province can allow online gamblers to play with people outside Canada”, cbc.ca. Nov 12, 2025
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