The Supreme Court of Canada heard an appeal on 7 October over Ontario player pooling, the plan to let players on its regulated online platforms compete against people abroad, and reserved its decision. Atlantic Lottery Corporation (ALC), British Columbia Lottery Corporation and Manitoba Liquor and Lotteries Corporation are challenging a November 2025 ruling that favoured Ontario.
The appeal
The case, Atlantic Lottery Corporation et al. v. Attorney General of Ontario, concerns Ontario’s plan to pool players across borders, mainly for online poker and other peer-to-peer games. The Attorney General of Ontario is the respondent. The interveners include Flutter Entertainment plc and the Canadian Gaming Association, according to the court’s case file.
The dispute turns on Section 207(1)(a) of the Criminal Code, which lets a provincial government conduct and manage a lottery scheme. The Court of Appeal for Ontario ruled on 12 November 2025 in Reference re iGaming Ontario (2025 ONCA 770) that the model is lawful under that provision. Justice Katherine van Rensburg dissented, holding that the words “in that province” confine the scheme to Ontario, according to a Cassels summary of the ruling. The reported split was 4-1.
Arguments on Ontario player pooling
Matthew Milne-Smith of Davies Ward Phillips & Vineberg LLP, counsel for ALC, told the court the Court of Appeal reasoned from silence in the statute.
The decision relied on a lack of express prohibition of international play in section 207(1)(a), and with respect, this is backwards.
Matthew Milne-Smith, Counsel for Atlantic Lottery Corporation, Davies Ward Phillips & Vineberg LLP, at the Supreme Court hearing
Ananthan Sinnadurai of the Crown Law Office, Civil, representing Ontario, said the province would keep control of the market.
We choose who we partner with. We still run the system in this province, and fundamentally we control the experience of people in Ontario, because that’s the concern.
Ananthan Sinnadurai, Counsel for the Attorney General of Ontario, Crown Law Office, Civil, at the Supreme Court hearing
Justice Malcolm Rowe described Ontario’s explanation as “word salad”, according to BettingNews’ report of the hearing, and asked whether contractual control meets the Criminal Code requirement to conduct and manage a scheme in the province. Justice Mahmud Jamal compared international play to a two-sided telephone call, raising the question of whether a game between Ontario and foreign players takes place in both places.
Domestic pooling
Provinces can pool players across Canadian borders without the international question arising. BettingNews reported that Ontario and Alberta have explored cooperation on online poker liquidity. TGE reported that Alberta had 28 operators registered for its 13 July launch, and its Canada market overview covers licensing and traffic.
Next steps
The Supreme Court reserved its decision on 7 October, and Ontario’s international pooling plans remain on hold until it rules. The outcome will also set how other provinces read their powers under Section 207(1)(a), and will matter to operators regulated by AGCO and iGaming Ontario.
Source: Supreme Court of Canada
