Appeal Challenges Ontario Ruling on International Online Poker Liquidity

The debate over whether Ontario online poker with reconnect with international player pools is far from over.

As expected, three Canadian lottery corporations have filed an appeal with the Supreme Court of Canada, seeking to overturn the Ontario Court of Appeal’s ruling that found it lawful for Ontario to allow players in peer-to-peer games such as online poker to compete against players located outside the country.

The appeal challenges a November decision in which a 4–1 majority of the Ontario Court of Appeal concluded that Ontario’s proposed igaming model complies with the federal Criminal Code, provided the province continues to “conduct and manage” the gaming operation through iGaming Ontario.

That ruling was widely seen as a breakthrough for online poker in the province, as it removed a major legal barrier preventing Ontario from restoring shared liquidity with international markets. However, the appeal now places any potential changes firmly on hold.

As first reported by Covers reporter Geoff Zochodne, members of the Canadian Lottery Coalition (CLC), Manitoba Liquor and Lotteries (MBLL), the British Columbia Lottery Corporation (BCLC), and the Atlantic Lottery Corporation (ALC) have all challenged the opinion issued by the Ontario court on November 12. The parties had 30 days to appeal. ALC filed its notice of appeal on December 10, and the case was officially opened on December 18.

Per Canadian Gaming Business, the lottery corporations, in their appeal, reiterated their long-standing position that the phrase “in that province” in the Criminal Code should be interpreted to mean gaming conducted entirely within a province, rather than “from” or “partially in” a province. They also rejected the Ontario Attorney General’s argument that the phrase should be interpreted as requiring only a “real and substantial connection” to the province.

The Supreme Court of Canada is not obligated to hear the case and must first decide whether to grant leave to appeal. If leave is granted, the legal process could extend for many months, or even years, before a final ruling is issued.

What This Means for Ontario Poker Players

For now, the appeal effectively freezes any progress toward shared liquidity.

Even after the favorable ruling last month, Ontario regulators had not begun implementing a framework for international liquidity. The court decision established that the concept is lawful in principle, but it did not create rules, timelines, or obligations for the province to act.

The appeal adds another layer of uncertainty. As long as the Supreme Court process is unresolved, Ontario is unlikely to move forward with any changes that could later be invalidated.

This means Ontario’s online poker market will remain ring-fenced, with players limited to competing against others within the province, just as they have since regulated igaming launched in 2022. For now, GGPoker, PokerStars, 888poker, and the BetMGM Poker network will all continue operating within Ontario’s segregated player pool.

It also keeps prospective entrants on the sidelines. BetRivers Poker, which had expressed interest in launching in Ontario if shared liquidity with US markets became possible, is unlikely to move forward until the Supreme Court resolves the case.

But as previously noted, even without an appeal, it could have taken a significant amount of time before Ontario could reconnect with international markets. The province’s regulator would still need to develop new rules for cross-border poker operations, decide which jurisdictions it is willing to connect with, establish compliance requirements and operational standards, and ensure those rules withstand potential legal challenges.

With the case now headed to the Supreme Court, no immediate changes should be expected, likely extending through all of 2026. Meanwhile, Alberta online poker remains on track to launch within a regulated igaming market similar to Ontario’s, with plans for a 2026 rollout. Under the Court of Appeal’s framework, Ontario and Alberta could eventually share a player pool, but only if the two provinces enter into a formal agreement, a process that would also take time.