A group of government-owned lotteries from across Canada are trying to poke holes in the legality of Ontario’s plan for DFS and poker.
Wednesday was the second day of arguments for the Ontario government’s reference to the provincial Court of Appeal regarding online gambling, DFS, poker, and pooled liquidity.Counsel for a group of government-owned lotteries from across Canada spent time on Wednesday trying to poke holes in the legality of Ontario’s plan to connect provincial poker players and daily fantasy sports contestants with opponents abroad.
Davies Ward Phillips & Vineberg LLP lawyer Matthew Milne-Smith, appearing on behalf of those members of the Canadian Lottery Coalition on Wednesday, invited the five-judge panel to “follow the money” that will flow through the peer-to-peer games that Ontario wants in the province.Milne-Smith told the judges the “liquidity” Ontario wants from abroad is money, which will flow from Ontario players to foreign players and vice versa.
Now, there are dozens of private-sector iGaming sites and operators available to Ontarians, but smaller pools of poker players and no regulated options for DFS. “Our position is the game is two schemes interacting with each other,” said Josh Hunter, a lawyer for Ontario’s Ministry of the Attorney General,
“If my friends want to do what they say they want to do, go get Parliament to amend the Code,” Milne-Smith said at one point. Ontario maintains it will not allow customers from other Canadian provinces in DFS contests and poker games with global liquidity, at least not without the consent of those provinces. However, the lotteries see Ontario and its regulators as not doing much to stop the affiliates of Ontario-regulated entities from wooing customers outside the province.
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