Ontario's Court of Appeal ruled in a 4-1 decision that provincially regulated online gaming and sports betting sites could legally allow their players to compete against players outside of the province, across Canada, and in other counties. The 4-1 decision was released on the 12th November 2025 more than a year after the Ontario government asked it to rule on whether or not it would go against the Criminal Code to pool Ontario's players with those located outside of Canada.
The ruling which was posted on the Court of Appeal website, had a 4-1 decision stating that it would not be illegal or go against the Criminal Code to allow the pooling of Ontario players with those in other countries.
Ontario's Regulated iGaming Market
Ontario's regulated iGaming market opened in April 2022 allowing private operators to apply for licenses to legally operate within the province. The AGCO and iGaming Ontario (iGO) oversee everything with iGO now in charge of licensing and regulation. This has led to over 80+ licensed Ontario gambling sites within the province, but it hasn't stopped offshore gambling especially when it comes to games like poker and daily fantasy sports.
These peer-to-peer games require larger pools of players and for Ontarians, it means using unregulated offshore sites for larger stakes games and more competition. The model that has been proposed by the government would allow Ontario players to participate in peer-to-peer games like poker and daily fantasy sports with people outside of Canada.
How The Proposed Model Would Work
The proposed model would see international players accessing things through different sites and apps. They would be subject to their jurisdiction's laws and regulations. It would also see players in other provinces and territories still prohibited from using Ontario's online gambling system unless an agreement was first put in place with those jurisdictions.
The court's decision was reached on the assumption that there will be measures in place to prevent players from the rest of Canada accessing Ontario sites. The decision also stated that there are practical details about how the proposed model will work that have yet to be determined. This includes who would determine which international operators or foreign regulators to partner with, and who would be responsible for negotiating the deals.
Other provinces have 30 days to appeal the decision. Seven provinces object. Alberta and Quebec were in favour.
Court's Decision and What's Could Happen
The ruling by Ontario's Court of Appeal which gives the green light for Ontario's online gaming market to allow players compete against international participants could have significant implications for the future of P2P games like online poker and DFS and see Ontario's industry opening to much larger global player pools.
The case came about after a request from the Ministry of the Attorney General in 2024 sought clarification on whether cross-border play would go against the Criminal Code. Four out of five judges concluded that allowing international players would be lawful under the Criminal Code. It referenced Section 207(1)(a), which allows provinces to "conduct and manage" a lottery scheme within their borders and, in certain circumstances, across provincial lines.
The majority opinion was that Ontario could regulate cross-border online gaming under the Criminal Code as long as the province's operators managed the games in accordance with local laws.
This decision could see gaming activities that have been limited due to provincial restrictions being revitalised. For the Ontario iGaming sector it's a significant step forward as it has been restricted due to the limitations of closed player pools.
DraftKings and FanDuel DFS Services Could Resume in Ontario
With this ruling, Ontario could see the return of DFS for Ontarians at major sites like DraftKings and FanDuel. Both operators suspended their DFS services in Ontario because the games were restricted to local players only.
Poker sites like PokerStars, GGPoker, and BetMGM are also limited because of Ontario's closed model.
The provincial market for P2P poker is only around 2% of the total Ontario iGaming revenue but if operators are allowed to include international player pools this could see revenues increase.
Challenges That May Arise and What Happens Next
The Court of Appeal ruling has been seen as a win for Ontario players but how it will be implemented is still unclear. There are a number of issues to be addressed including agreements with international jurisdiction and the distribution of the gaming revenues.
The Canadian Lottery Coalition (CLC) has expressed concerns and they have 30 days to appeal the decision. If an appeal happens the court could either uphold the decision, over rule it, or clarify the national rules on online gambling.
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