The long-awaited Ontario Court of Appeal ruling has finally arrived, and it could mean that Ontario online poker could once again extend beyond the provinces’ borders.

Ontario’s highest court has confirmed that the province can legally allow its players to compete with international participants in peer-to-peer games such as online poker as long as Ontario retains full control over the gaming operation. A majority of the panel, four of the five judges, on Wednesday, concluded that this approach does not violate the federal Criminal Code.

We conclude that the iGaming Ontario model, as described in these reasons, complies with the requirements of s. 207(1)(a) of the Criminal Code. In substance and in practice, iGaming Ontario conducts and manages the gaming scheme carried out in Ontario. The involvement of private operators, acting under contract with iGO and subject to its ongoing oversight, does not change that conclusion.

This is a major development because it opens the door for shared liquidity to return to Ontario online poker. Since the market launched in 2022, players in Ontario have been ring-fenced, meaning they could only compete against others inside the province.

While ring-fencing did make the Ontario pool softer, liquidity restricted to a single province also made the market less attractive for players. Lower liquidity results in smaller tournament prize pools and fewer games running around the clock, especially compared to the pre-2022 period, when Ontario, as a grey market, was connected to the global pool.

It also meant reduced revenue for operators and lower tax revenue for the province. The impact was not limited to just poker. Daily Fantasy Sports (DFS) suffered as well, since DFS also depends heavily on liquidity.

This is why Ontario has been pushing to rejoin international player pools. A three-day hearing was held last November, and after nearly a year, the court has finally issued its decision.

However, although the ruling removes some major legal obstacles, the situation is more complex once you read the full decision.

What the Court Clarified

The court confirmed two key things: Ontario can legally allow its players to share tables with international players, and Ontario cannot automatically connect with other Canadian provinces. Any shared player pool within Canada would require a formal inter-provincial agreement.

In order for international shared liquidity to become a reality in the regulated Ontario market, the province would need to maintain “actual operational control and responsibility” for the oversight of the market. Whether or not relying on regulators in foreign jurisdictions to enforce provisions of the law such as identity verification, geolocation and anti-money laundering practices would constitute operational control under the law was not decided under the majority opinion and could be a point for future challenge to the proposed model.

If Ontario wanted to share liquidity with other Canadian provinces, there would need to be a formal agreement in place in order to drastically change the landscape of online poker in Canada.

Players in other parts of Canada would not be allowed to participate in these games, unless Ontario reaches an agreement with the province or territory where these players are physically located.

The majority opinion also clarified that Ontario players must continue accessing games through Ontario-dedicated sites or clients, the same setup that exists today (e.g., GGPoker Ontario for Ontarians and the GG dot-com platform for international players).

So what does this mean in practice? For now, major online poker operators such as PokerStars and GGPoker maintain global player pools that include players from most of the world, including Canada, except Ontario, as you know, which is separated into its own regulated market.

The requirement for Ontario to maintain “actual operational control and responsibility” for the oversight of the market could prevent Ontario from joining the global player pool. Additionally, since these global player pools include the other Canadian provinces, they would either need to form agreements with Ontario, or the operators would have to remove them from the pool.

Other Liquidity Options

The Ontario market could join other ring-fenced markets if it would be able to legally maintain oversight over the new market. Assuming this would be legally possible, there are additional ways that Ontario could increase its liquidity

Looking ahead, Alberta is preparing to launch a regulated igaming market similar to Ontario’s, with plans for a 2026 rollout. Under the court’s framework, Ontario and Alberta could share a player pool only if the two provinces sign an official agreement.

There is also a remote possibility that Ontario could join segregated European markets like France or Spain, although this appears unlikely.

Another viable path is the United States. Ontario could, in theory, join the Multi-State Internet Gaming Agreement (MSIGA). Prominent igaming attorney Jeff Ifrah told PRO earlier this year, it is “100% possible.” He added that although Ontario does not appear to be specifically targeting MSIGA, the province could explore multiple options if it moves forward, including EU regulated markets or US states.

Despite the excitement around the ruling, many uncertainties remain. What is clear is that it is not illegal for Ontario operators to allow players to compete against those outside Canada.

No Immediate Changes

No immediate changes should be expected. Even with the ruling, it could still take months or even years before Ontario shares liquidity with any international jurisdiction. The first potential delay is the appeal process.

While PokerStars and GGPoker backed Ontario’s stance in the case, there was strong opposition from groups such as the Canadian Lottery Coalition (CLC). It is very likely that the CLC will challenge the decision. They have 30 days to appeal to the Supreme Court, and if they do, the entire process could be pushed back.

Even if there is no appeal, implementation would not be simple. Ontario’s regulator must create new rules for cross-border poker operations, determine which jurisdictions it is willing to connect with, establish compliance requirements and operational standards, and have all of that hold up against likely legal challenges.

For now, the most likely scenario is that Ontario will remain ring-fenced for the foreseeable future. Change may be coming, but exactly when and how it would unfold is still unclear.