Ontario Court Says Online Poker Sites Can Join Larger Player Pools

Court Of Appeal Gave Greenlit The Idea, But An Appeal To Canada's Supreme Court Is Possible

The only Canadian province with regulated online poker could soon grow its player pool.

Ontario’s Court of Appeal ruled that regulated platforms can allow poker players to compete against players located outside Canada.

The ruling comes after provincial officials asked the court about the legality of sharing player pools with jurisdictions outside the country. The court’s decision isn’t limited to poker. It also applies to fantasy sports and sports betting, but those industries don’t benefit from the decision.

“A majority of the court has concluded that online gaming and sports betting would remain lawful under the proposed model,” wrote Chief Justice Michael Tulloch.

Four of the court’s five justices were in favor of the ruling.

Pushback From Other Provinces, Appeal Is Possible

Ontario’s plan came with opposition from other provincial lottery and gaming regulators. That included officials from British Columbia, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island.

In a filing with the court, the agencies said the Ontario plan “Could lead to the further proliferation of illegal online gambling in the jurisdictions in which they operate and across Canada.”

The decision could be appealed to the Canadian Supreme Court. However, there is no indication if that will happen. Don Bourgeois, a lawyer with the Toronto-based firm Fogler, Rubinoff LLP, told the CBC, that he expects further legal battles.

“I expect it will be appealed – but there may be dynamics in play that say, ‘OK, let’s move on,” he said.

Ontario regulators argue that many players bypass provincially-regulated poker platforms for international sites with larger player pools. Consequently, those sites offer larger prize pools as well.

Allowing Ontario operators to mix those players into international pools would curtail some of that and potentially bring millions more worth of tax revenue for the province.

Ontario launched regulated online gambling in 2022 and became one of the largest online poker markets in North America. In July, gambling attorney Jeff Ifrah wrote on X/Twitter that the province was seeking expansion. They wanted to add European and possibly American player pools to Ontario online poker.

“Ontario has asked an appeals court for permission to open up online poker tables in Ontario to U.S. and other foreign poker players where those players hail from legal jurisdictions,” he said.

Alberta is also considering legalizing online poker. The ruling would also allow Ontario to enter into a shared liquidity compact with its fellow province as well.

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