Ontario court backs iGaming expansion to international players

Key points from the ruling

They also found no objections in the Criminal Code.

Key Points

• Expanding online poker and daily fantasy sports play outside of Ontario could create a space for higher player engagement
• Judges agreed with the province that gaming platforms are permitted to pool players for these contests from outside of Canada

Court decision on international player access

A group of judges in Ontario has released a favorable ruling that could allow online and daily fantasy sports (DFS) contests within the province to expand and include other global players.

The Ontario Court of Appeal recently said allowing Ontario players to compete with players in other countries would be lawful.

The ruling is a result of a question the provincial government asked the Court of Appeal in February 2024.

The court addressed the matter by conducting a three-day hearing with a five-judge panel and published the results on November 12.

Four of the five panel judges agreed that allowing international player access would be legal under Ontario’s current laws.

“The proposed model would permit players in Ontario to play peer-to-peer games against players who are physically situated outside Canada, and to bet on the outcomes,” said the majority opinion in the ruling. “Examples of the peer-to-peer games that would be permitted include poker and daily fantasy sports wagering.”

Criminal Code context and provincial authority

The court’s ruling also referred to the Criminal Code’s language, which says, “It is lawful for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a lottery scheme in that province, or in that and the other province, in accordance with any law enacted by the legislature of that province.”