Ontario iGaming model ruled legal by Superior Court

[The Buzz]

The Ontario Superior Court has ruled in favor of iGaming Ontario (iGO), upholding the province's current open online gambling model as constitutional under Canadian law.

This decision follows a legal challenge from The Mohawk Council of Kahnawà:ke (MCK), which argued that the iGO model illegally delegated operational duties to private operators. Justice Lisa Brownstone acknowledged the Council's right to challenge the model but ultimately dismissed their application.

Brownstone concluded that “Ontario, through iGO, is conducting and managing the iGaming scheme.”

From PlayCanada.com:

“Ontario has established such a system,” Brownstone said in her official reasons for judgement. “It has not delegated its powers to private operators but has retained its position as operating mind of the iGaming scheme. It has carefully constructed the iGaming scheme to ensure safety, integrity, and fairness.

“There can be no frustration of purpose when the province has acted within its constitutional authority in a manner that is consistent with the exemption provided for in the Code.”

Monday’s decision was a bitter blow for the MCK, especially after months of preparation.

The indigenous community with a long-standing presence in the online gambling industry finally got its day in court. That day came some 450 days after filing a Notice of Application to the Ontario Superior Court against iGO and the Attorney General of Ontario.

The notice was delivered in November 2022, while the hearings began on Feb. 20 at 10 a.m. at the Superior Court of Justice in Toronto.
As noted in Justice Brownstone’s statement, the MCK’s main complaint questioned who was truly calling the shots under Ontario’s iGaming regime.

Read the judgement here: https://igamingontario.ca/sites/defa...0-%20FINAL.pdf

Read PlayCanada's article here: https://www.playcanada.com/news/cour...g-model-legal/

[GambleOntario]

We've been closely following this case since it started back in November 2022, not long after online gambling became legal in Ontario.
The Mohawk Council of Kahnawà:ke (MCK) took legal action against Ontario's Attorney General and iGaming Ontario, claiming that the new market had negative impacts on MCK's gaming business.

Earlier this year, there was news about Superior Court Justice Lisa Brownstone delaying her decision on whether private-sector operators were "conducting and managing" Ontario's competitive iGaming market. The Mohawk Council of Kahnawake rejected the Ontario government's claims in court, while lawyers for iGaming Ontario defended their regulatory framework.

Then, on May 14th, the case finally wrapped up with the Ontario Superior Court ruling that iGaming Ontario's model aligns with the Criminal Code and that iGaming Ontario is indeed managing igaming in the province.

iGaming Affiliate websites can now confidently continue working with Ontario-licensed online casinos, and the market is expected to grow significantly.

Exciting times ahead for Ontario's online gambling scene!