Supreme Court Reserves Decision on Ontario International iGaming Appeal

The Supreme Court of Canada has heard Ontario’s appeal over whether its regulated online gambling market can pool players with participants outside the country, with a decision still pending.

The court heard Atlantic Lottery Corporation et al. v. Attorney General of Ontario on Oct. 7. The case concerns whether Ontario can connect its provincially regulated online games with international players, a change that could have significant implications for online poker and daily fantasy sports.

What the court is deciding

The dispute centres on Section 207(1)(a) of the Criminal Code, which allows provincial governments to conduct and manage lottery schemes within their provinces.

Ontario’s proposed model would let provincial players continue using regulated websites while participants outside Canada access the same games through separate international sites. Players elsewhere in Canada would remain excluded unless Ontario reached an agreement with their province or territory.

Known as pooled liquidity, the arrangement would give poker players access to larger tables and potentially bigger prize pools. Ontario argues that the model could make regulated products more competitive with offshore alternatives.

The Ontario Court of Appeal backed the proposal in a 4-1 decision on Nov. 12, 2025. The majority found the arrangement permissible under the Criminal Code, based on the assumptions set out in the reference. Justice Katherine van Rensburg dissented, arguing that Ontario would be participating in the management of a lottery scheme outside its borders.

Four provincial lottery corporations — from Atlantic Canada, British Columbia, Manitoba and Quebec — are challenging that interpretation. They argue that the provincial exemption does not extend to Ontario’s proposed international arrangement.

The Supreme Court’s decision will determine whether the model can proceed under the existing statutory framework. Hearing the appeal has not authorized international games to launch.

Ontario’s existing market remains separate

The appeal does not reopen the broader question of whether Ontario’s current competitive iGaming market is lawful. That issue was addressed in a separate challenge brought by the Mohawk Council of Kahnawà, which the Ontario Superior Court dismissed in May 2024.

Regulated Ontario sports betting and Ontario online casino markets launched on April 4, 2022. Private operators must register with the Alcohol and Gaming Commission of Ontario and enter into an operating agreement with iGaming Ontario. Players must be at least 19 and physically located in the province when gambling.

The existing market continues to generate substantial activity. iGaming Ontario’s August 2026 report recorded C$843 million in betting wagers and C$54.4 million in non-adjusted gross gaming revenue. Peer-to-peer poker separately generated C$122 million in wagers and C$5.6 million in revenue. The figures are unaudited and exclude OLG’s online offering.

Alberta’s market adds another dimension

Regulated Alberta sports betting and Alberta online casino markets launched July 13, 2026, introducing another regulated Canadian market for private operators. The Alberta iGaming Corporation manages the market, while Alberta Gaming, Liquor and Cannabis regulates operators and enforces compliance. 

Alberta is participating in the Supreme Court case as an intervener. However, international player pooling and sharing liquidity between Canadian provinces are distinct questions. Ontario’s proposed arrangement expressly excludes players elsewhere in Canada unless an interprovincial agreement is reached.

For now, Ontario’s existing market remains operational while the province awaits the Supreme Court’s decision. Even if the court upholds the proposed model, implementation would still be required before international games could become available.