Ontario opens its online gaming to the world
The Ontario Court of Appeal has handed down a decision that could reshape the future of online gaming in Canada. By allowing regulated platforms in the province to connect their players to opponents located abroad, the Ontario courts have opened up unprecedented opportunities in the poker and fantasy sports markets.
A verdict that shakes up the established order
The decision came at the end of a process that was closely followed by industry players. Four judges supported Ontario’s position, with only one dissenting. For Chief Justice Michael Tulloch, the majority ruled on a clear interpretation of the Criminal Code: Ontario’s online gaming and sports betting model remains legal even when it allows peer-to-peer games with foreign players.
This legal clarification stems from a request by the province, filed after an order by Premier Doug Ford’s office. Ottawa wanted to know whether the current system remained legal if tables and tournaments were opened to players located outside Canada — a crucial question in a market where international liquidity can change everything.
Interprovincial tensions and concerns about illegal gambling
But this decision is far from a national consensus. Several provinces—British Columbia, Saskatchewan, Manitoba and the Atlantic provinces—had filed briefs opposing Ontario’s initiative. They feared that authorisation would open the door to an increase in illegal gambling in their own markets, which are already under pressure.
The Canadian Lottery Coalition, representing these provinces, nevertheless said it was encouraged by one specific point in the decision: the assertion that players from other provinces cannot participate in cross-border games without interprovincial agreements. In other words, Ontario’s openness will not automatically apply elsewhere in Canada.
Don Bourgeois, a Toronto-based lawyer specialising in gambling, believes the case is far from over. He considers that a possible intervention by the Supreme Court remains plausible, given the importance of the issues at stake and the strength of the arguments presented by both sides. In his view, the decision is based primarily on the majority position that the Ontario model is legal, but he does not rule out the possibility that changes in the political landscape could still influence the outcome of the case. Some provinces may therefore choose to accept the verdict rather than embark on a lengthy legal battle.
An industry poised for change
For online poker and daily fantasy sports operators, this decision could be a turning point. Currently, Ontario players are unable to join international pools, depriving operators of hundreds of millions of pounds in potential bets.
As a result, a significant number of players are turning to offshore platforms, which are less regulated but offer higher stakes and more players. Ontario hopes that this decision will bring this clientele back to the official market, strengthening both player safety and tax revenues.
While international openness is appealing from an economic standpoint, it also raises concerns. Andrew Kim, assistant professor at Toronto Metropolitan University and a recognised addiction specialist, warns of the risks of greater exposure.
He believes that allowing foreign opponents would increase player engagement, with a mechanical increase in playing time and spending, factors known to increase the risk of problematic behaviour. With the expansion of the market, authorities will therefore need to be extra vigilant and strengthen their prevention tools.
The debate surrounding this decision extends beyond Ontario. It raises questions about Canada’s place in the global online gaming market, the ability of provinces to regulate a sector that transcends borders, and the societal risks associated with rapid expansion.

