Supreme Court appeal on Ontario pooled liquidity (Supreme Court of Canada): Status, Rulings and What It Means for Players

What this case is about

Atlantic Lottery Corporation, et al. v. Attorney General of Ontario (Supreme Court of Canada, docket 42141) is an appeal over whether Ontario may let its online poker and daily fantasy sports (DFS) players pool with players outside Canada. The appellants are provincial lottery bodies. The respondent is the Attorney General of Ontario.

The appeal is brought as of right from Reference re iGaming Ontario, 2025 ONCA 770, which concerns Criminal Code s. 207. The Ontario Court of Appeal gave a 4:1 opinion that Ontario may let its players pool with players outside Canada. Atlantic Lottery filed its notice of appeal on 10 December 2025.

The case belongs to the licensing and administrative court cases, a group that includes judicial review of regulators and constitutional challenges to gambling rules.

Who is covered

The ruling affects operators and players in Ontario's regulated poker and DFS markets. Those markets remain ring-fenced to players in Ontario until judgment.

The appellants are Atlantic Lottery Corporation, the British Columbia Lottery Corporation, the Manitoba Liquor and Lotteries Corporation and, from 2 April 2026, Loto-Québec.

Four interveners took part: the Canadian Gaming Association, Flutter Entertainment, NSUS Group and the Attorney General of Alberta. Alberta received leave on 13 April 2026 and supports Ontario, because the outcome bears on the iGaming Alberta Act. The Mohawk Council of Kahnawà:ke withdrew on 15 June 2026.

Is there a payout?

No payout exists in this case. It is an appeal on a Criminal Code question between provincial lottery bodies and Ontario's Attorney General, and the record shows no class, no fund (CAD 0) and no damages claim.

There is no claim form to file and no administrator.

What happens next

As of 14 November 2026 the Supreme Court of Canada has reserved judgment. The appeal was heard on 7 October 2026, and the docket shows no judgment entry after that date. The docket was last updated on 22 October 2026 and was re-checked on 14 November 2026.

No date for the judgment is listed in the court record. Until the Court rules, Ontario poker and DFS remain ring-fenced to players in Ontario.

The overview of Gambling Lawsuits in Canada lists the other Canadian cases and their status.

Why it matters

The case is a pending landmark on cross-border player pooling. Alberta's factum states that the outcome could affect the validity and operation of the iGaming Alberta Act, as reported by trade press in April 2026.

Three other provincial lottery bodies joined Atlantic Lottery as appellants, so the question is not limited to one province. Compare it with other licensing and administrative court cases in which regulators' powers are tested.

Questions people ask

Has the Supreme Court of Canada decided the appeal?

No. As of 14 November 2026 judgment is reserved after the hearing on 7 October 2026. The docket shows no judgment entry since then.

Who is appealing?

Atlantic Lottery Corporation, the British Columbia Lottery Corporation, the Manitoba Liquor and Lotteries Corporation and Loto-Québec, which was added on 2 April 2026. They appeal against the Attorney General of Ontario.

Which court opinion is under appeal?

Reference re iGaming Ontario, 2025 ONCA 770. The Court of Appeal's 4:1 opinion held that Ontario may let its players pool with players outside Canada.

Related cases

• Reference re iGaming Ontario (GL-CA-0002) is listed as appealed.
• Mohawk Council of Kahnawà:ke v. iGaming Ontario (GL-CA-0001) is listed as dismissed.
• Tsuu T'ina Gaming Limited Partnership v. Alberta Gaming, Liquor and Cannabis Commission (GL-CA-0004) is listed as dismissed.