A decision that could fundamentally change daily fantasy sports (DFS) and online poker in Ontario is currently being reviewed by five appeal court judges. The ruling will determine if Ontario-based players can participate in peer-to-peer games against players outside the province without violating the Criminal Code.

Canadian Gaming Association president Paul Burns, who attended the Ontario Court of Appeal proceedings, indicated the decision could take several months. Currently, gambling sites licensed by the Alcohol and Gaming Commission of Ontario can only accept wagers from Ontario residents, leading major operators like DraftKings and FanDuel to close their DFS operations in the province.

The legal arguments centered on:

• The CGA and Ontario Attorney General's office advocating for cross-border play with provincial regulatory oversight
• The Canadian Lottery Coalition and Mohawk Council of Kahnawà:ke opposing such changes
• Debate over what constitutes legal international play under the Criminal Code

Notable changes are already coming to Ontario's gaming market. iGaming Ontario (iGO), currently a subsidiary of AGCO, will become an independent agency in 2025 under the new iGaming Ontario Act, creating more separation from the provincial lottery corporation.

The court's decision could take up to six months due to backlog. Burns emphasized that Ontario players would remain under provincial regulatory standards even in international liquidity pools, a point he believes the court understood clearly.

This ruling will significantly impact the future of online gaming in Ontario, particularly regarding player pools for DFS and poker tournaments across jurisdictions.

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