Ontario wins case pushing for expansion of online betting to players outside Canada

Taylor Foehl, left, of Boston, looks at the mobile betting app on his phone after placing a wager, while watching on a men's college basketball game at the Cask 'N Flagon sports bar, Friday, March 10, 2023, near Fenway Park in Boston. (Charles Krupa/The Associated Press)

An Ontario court has handed the Ford government a win in its push to expand online gaming to include participants outside of Canada.

In a majority decision handed down Wednesday, the Court of Appeal for Ontario said legal online gaming and sports betting would remain lawful under the Criminal Code if users were permitted to participate in games and betting involving individuals outside of Canada.

The decision follows a 2024 request by the province for a legal opinion on the matter.

Ontario’s current internet gaming and sports betting scheme allows private companies to enter into agreements with iGaming Ontario, a government corporation, to offer online casino games like slots, blackjack, roulette, and various kinds of sports betting.

At the moment, those private companies, referred to as operators, are required to limit access to players who are physically located in Ontario.

The decision opens the door for those operators to include users outside Canada in their online gambling offerings, potentially increasing their revenues. Players located outside Canada would access the games through separate websites for international players.

A coalition of lottery corporations from four other provinces opposed the move.

In their ruling, the judges said they reached their decision on the assumption that players located outside of Ontario but within Canada would not be permitted to participate in games or betting without an agreement between Ontario and the province where the other players are located.

Ontario’s Ministry of the Attorney General said it could not comment on the case Wednesday, as it remains within the appeal period.