Ontario's Online Poker Expansion Appealed to Supreme Court

By Alex Drummond, Editor-in-Chief · March 24, 2026

Ontario's bid to open its regulated online poker market to international player pools is heading to the Supreme Court of Canada. The Canadian Lottery Coalition (CLC), which represents provincial lottery and gaming regulators in six of the country's ten provinces, has filed an appeal challenging a November 2025 ruling from the Ontario Court of Appeal.

That ruling, decided by a 4-1 majority, found that Ontario's regulated platforms could legally allow players to compete against opponents located outside the country, provided the province continues to conduct and manage the gaming operation through iGaming Ontario. It was widely seen as a breakthrough for online poker in the province, removing a major legal barrier that had kept Ontario's player pool ring-fenced since the regulated market launched in April 2022.

The CLC disagrees. Its members, which include the British Columbia Lottery Corporation (BCLC), Manitoba Liquor and Lotteries (MBLL), and the Atlantic Lottery Corporation (ALC), argue that the Ontario plan violates Canada's Criminal Code. Quebec's lottery company has filed a separate motion in support of the coalition's position.

What the CLC Is Arguing

The coalition's core claim is that federal law requires online gambling activity to remain entirely within provincial borders. In a court filing, the CLC warned that the implications of the Ontario ruling extend well beyond poker.

"While the issue today is international liquidity, the next case may involve a province seeking to assert authority to conduct lottery schemes that extend across the country," the CLC wrote. "And indeed, even if that is not what Ontario proposes de jure at this time, it is what it proposes de facto given the ubiquity of illegal gambling using international sites among Canadians outside Ontario."

The Atlantic Lottery Corporation's factum went further, alleging that Ontario-regulated operators have engaged in heavy advertising in provinces where they have no legal standing, and have partnered with international affiliates to promote their sites to Canadians outside Ontario.

For the government-run lottery corporations that make up the CLC, the concern is straightforward: if Ontario is allowed to connect with international player pools, it sets a precedent that could erode their monopoly positions in their home provinces.

Alberta Backs Ontario

Alberta's Attorney General Mickey Amery has filed a motion to intervene in the Supreme Court case, taking Ontario's side. The move is significant because Alberta is actively building its own regulated iGaming market under the iGaming Alberta Act, with a launch expected later in 2026.

"The iGaming Alberta Act allows for provincial regulation of a lottery scheme similar to the 'proposed model' in Ontario, which gave rise to the reference question underlying this appeal," Amery wrote in his filing. "Consequently, this appeal will have a significant impact on determining the legality and operation of the iGaming Alberta Act."

Amery's filing argues that federal and provincial laws should be read harmoniously. "Alberta and Ontario have exercised their constitutional legislative authority to enact provincial internet-based gaming schemes," he wrote. "In the absence of clear and express language to the contrary, harmonious interpretations that allow federal and provincial laws to coexist should be favoured."

Alberta's Minister Dale Nally has said the Supreme Court case should not delay the province's iGaming launch. iGaming Ontario President and CEO Joseph Hillier has indicated that an Ontario-Alberta liquidity-sharing arrangement would be on the table once Alberta's market is operational.

What This Means for Ontario Poker Players

For now, the appeal freezes any progress toward shared liquidity. Even after the favorable November ruling, Ontario regulators had not begun implementing a framework for cross-border poker. The court's decision established that the concept is lawful in principle, but it created no rules, timelines, or obligations for the province to act.

The Supreme Court's eventual ruling will carry major implications. If upheld, the lower court's decision would give Ontario the legal foundation to negotiate liquidity agreements with other jurisdictions, potentially including U.S. states participating in the Multi-State Internet Gaming Agreement. It could also pave the way for interprovincial player pooling between Ontario and Alberta.

If overturned, Ontario's poker market would remain ring-fenced, and the six regulated rooms would continue operating with a provincial-only player pool. Prospective entrants like BetRivers Poker, which had expressed interest in launching in Ontario if shared liquidity became available, would likely stay on the sidelines.

A final decision from the Supreme Court could take months. In the meantime, Ontario's six regulated poker rooms continue to operate within the existing framework, and Alberta continues building its market independently.

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