Ontario Court Opens Door For DFS And Poker Revival

A major ruling from the Court of Appeal for Ontario has shifted the outlook for daily fantasy contests, poker liquidity, and cross-border online gaming. The decision clears a path for players in the province to take part in peer-to-peer games with international rivals under a structure pitched by the Ontario government.

Good to Know

• Ontario players could join poker and DFS contests with players outside Canada
• The ruling may still reach the Supreme Court of Canada
• Liquidity sharing with other provinces still needs agreements

Online gaming fans in Ontario have waited more than a year for clarity. The appeals court delivered that clarity on Wednesday, and four of five judges agreed that the proposed model keeps online gaming lawful under the Criminal Code.

What The Court Approved

The model lets Ontario players join poker and DFS contests against participants located outside Canada. The ruling explains:

“In summary, the Proposed Model would permit players in Ontario to play peer-to-peer games against players who are physically situated outside Canada, and to bet on the outcomes.”

International players and Ontario players would access games through separate portals, keeping each group under its own regulator. Judges said the arrangement fits within federal law, as long as Ontario players remain under provincial oversight.

What Will Happen Now?

The model could revive paid DFS and expand poker pools, but nothing launches immediately. One judge dissented, raising the possibility of an appeal to the Supreme Court of Canada. Several assumptions also remain unresolved, including how interprovincial agreements would work and how operators will structure liquidity sharing.

The opinion noted that “many practical details about how the Proposed Model would operate remain undetermined,” including who in the government will select partners and negotiate agreements.

How Importance Is The Ruling?

Ontario lost DFS options when the market adopted a closed liquidity rule in 2022. Operators like DraftKings and FanDuel exited DFS because contests would be too small to sustain. Others, including PrizePicks and Underdog, avoided the province altogether.

The new interpretation opens the door for larger prize pools and bigger poker networks. The Canadian Gaming Association called the ruling “a significant victory for Ontario, bringing back a valuable option for consumers who enjoy pooled gaming activities such as poker and Daily Fantasy Sports.”

Addressing Offshore Play

Ontario argues that allowing regulated players to compete with international rivals reduces the risk of unregulated offshore gaming. The majority wrote that the model “advances public safety by bringing such gaming under protective regulation” and helps preserve revenue that currently leaks to grey-market sites.

Pushback From Other Provinces

Not everyone supports Ontario’s plan. The Canadian Lottery Coalition told the court it worries about operators advertising in other provinces.

The coalition said it is “encouraged that the Court of Appeal recognized that players in our jurisdictions cannot be permitted to participate… unless an agreement is in place with our provinces.”

One judge, Justice Katherine van Rensburg, argued in dissent that the model places Ontario outside what the Criminal Code allows, writing that Ontario would be “conducting and managing” gaming beyond its borders.

FAQ

Can Ontario now offer full cross-border poker and DFS?

The ruling says it is legal, but infrastructure, agreements, and operator decisions still need work.

Can Ontario share liquidity with other provinces?

Not unless a province signs an agreement. The court assumed that domestic cross-provincial play remains restricted.

Will DFS operators return immediately?

Likely not. Operators will evaluate regulations, revenue-sharing terms, and technical requirements.

Could the ruling be overturned?

Yes. There are 30 days for an appeal to the Supreme Court of Canada.

Why did DFS disappear in 2022?

Ontario required all players to be located within the province, which removed pooled contests and made DFS unviable.

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