Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
42141
Atlantic Lottery Corporation, et al. v. Attorney General of Ontario
(Ontario) (Civil) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-04-17 | Order by, Reg | |
| 2026-04-14 | Correspondence received from, (Letter Form), Regarding the amended factum, (Printed version filed on 2026-04-15) | NSUS Group Inc., NSUS Limited |
| 2026-04-14 | Correspondence received from, (Letter Form), Regarding the amended factum, (Printed version filed on 2026-04-16) | Canadian Gaming Association |
| 2026-04-13 | Order on motion for leave to intervene, by JUSTICE MARTIN | |
| 2026-04-13 |
Decision on the motion for leave to intervene, Mar, UPON APPLICATION by the Attorney General of Alberta for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the intervener is entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before May 25, 2026. The intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The first order of April 2, 2026, is revised to grant the appellants and respondent permission to each serve and file a single factum in reply to all interveners in this appeal not to exceed five (5) pages in length within two (2) weeks of the filing of the Attorney General of Alberta’s intervention factum. The intervener is not entitled to express a position on the disposition of the appeal, to raise new issues, to adduce further evidence or otherwise to supplement the record of the parties. The intervener is not permitted to advance submissions that duplicate those of the other parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2026-04-13 | Submission of motion for leave to intervene, Mar | |
| 2026-04-10 | Appeal perfected for hearing | |
| 2026-04-10 | Appeal perfected for hearing | |
| 2026-04-10 | Respondent's book of authorities, (Book Form), Completed on: 2026-04-21, (Printed version filed on 2026-04-13) | Attorney General of Ontario |
| 2026-04-10 | Respondent's factum, (Book Form), Completed on: 2026-04-13, (Printed version filed on 2026-04-13) | Attorney General of Ontario |
| 2026-04-02 | Order on motion to add or substitute parties, by JUSTICE MARTIN | |
| 2026-04-02 |
Decision on motion to add or substitute parties, Mar, UPON APPLICATION by Loto-Québec for an order to be added as appellant in this appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the style of cause shall be modified to reflect this change. Granted |
|
| 2026-04-02 |
Decision on motion to add or substitute parties, Mar, UPON APPLICATION by the interveners, the NSUS Group Inc. and NSUS Limited (jointly), Flutter Entertainment PLC and the Canadian Gaming Association, for an order to be added as respondents in this appeal and for an order granting permission to each file a factum not exceeding fifteen (15) pages and to each make oral argument at the hearing not exceeding fifteen (15) minutes; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part. The motion to add the NSUS Group Inc. and NSUS Limited (jointly), Flutter Entertainment PLC and the Canadian Gaming Association as respondents is dismissed. The three (3) interveners or groups of interveners are granted permission to each file a factum not exceeding fifteen (15) pages and are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. All interveners shall appear by videoconference at the hearing of the appeal. The interveners are not entitled to express a position on the disposition of the appeal, to raise new issues, to adduce further evidence or otherwise to supplement the record of the parties. The interveners are not permitted to advance submissions that duplicate those of the other parties. The appellants are granted permission to serve and file a single reply factum to the three (3) interveners or groups of interveners not to exceed five (5) pages in length, within two (2) weeks of the date of this order. Judgment accordingly |
|
| 2026-04-02 | Submission of motion to add or substitute parties, Mar | |
| 2026-03-27 | Correspondence received from, (Letter Form), (Printed version filed on 2026-03-31) | Canadian Gaming Association |
| 2026-03-27 | Intervener's factum, (Book Form), Amended version rec 4-14-2026, Completed on: 2026-04-16, (Printed version filed on 2026-04-16) | Canadian Gaming Association |
| 2026-03-27 | Intervener's book of authorities, (Book Form), Completed on: 2026-03-31, (Printed version filed on 2026-03-30) | Flutter Entertainment plc |
| 2026-03-27 | Intervener's factum, (Book Form), Amended version rec 4-14-2026, Completed on: 2026-04-17, (Printed version filed on 2026-04-15) | Flutter Entertainment plc |
| 2026-03-27 | Correspondence received from, (Letter Form), Regarding previously filed motion and length of factum, (Printed version filed on 2026-03-30) | Flutter Entertainment plc |
| 2026-03-27 | Intervener's factum, (Book Form), Amended version rec 04-14-2026, Completed on: 2026-03-30, (Printed version filed on 2026-04-15) | NSUS Group Inc., NSUS Limited |
| 2026-03-23 | Response to the motion for leave to intervene, (Letter Form), (Included in the response to motion to add or substitute parties), Completed on: 2026-03-24, (Printed version due on 2026-03-30) | Canadian Gaming Association |
| 2026-03-23 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2026-03-24, (Printed version due on 2026-03-30) | Canadian Gaming Association |
| 2026-03-23 | Response to the motion for leave to intervene, (Letter Form), (Included in the response to motion to add or substitute parties), Completed on: 2026-03-23, (Printed version due on 2026-03-30) | Attorney General of Ontario |
| 2026-03-23 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2026-03-23, (Printed version due on 2026-03-30) | Attorney General of Ontario |
| 2026-03-23 | Response to the motion for leave to intervene, (Letter Form), (Included in the response to motion to add or substitute parties), Completed on: 2026-03-23, (Printed version due on 2026-03-30) | NSUS Group Inc., NSUS Limited |
| 2026-03-20 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2026-03-23, (Printed version filed on 2026-03-23) | NSUS Group Inc., NSUS Limited |
| 2026-03-20 |
Response to the motion for leave to intervene, (Letter Form), Missing: - Proof of service (Rec'd 2026-03-23), Completed on: 2026-03-23, (Printed version due on 2026-03-27) |
Atlantic Lottery Corporation |
| 2026-03-19 |
Response to motion to add or substitute parties, (Letter Form), Missing: - Proof of service (Rec'd 2026-03-20), Completed on: 2026-03-20, (Printed version filed on 2026-03-20) |
Flutter Entertainment plc |
| 2026-03-13 | Reply to motion to add or substitute parties, (Letter Form), Completed on: 2026-03-16, (Printed version filed on 2026-03-16) | Canadian Gaming Association |
| 2026-03-12 | Notice of name, (Letter Form), (Printed version filed on 2026-03-19) | Loto-Québec |
| 2026-03-12 | Motion to add or substitute parties, (Book Form), proposed-appellant, Completed on: 2026-03-20, (Printed version filed on 2026-03-19) | Loto-Québec |
| 2026-03-11 | Motion for leave to intervene, (Book Form), Completed on: 2026-03-24, (Printed version filed on 2026-03-12) | Attorney General of Alberta |
| 2026-03-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2026-03-16) | Attorney General of Ontario |
| 2026-03-09 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2026-03-09, (Printed version filed on 2026-03-11) | Attorney General of Ontario |
| 2026-03-05 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2026-03-06, (Printed version filed on 2026-03-06) | Atlantic Lottery Corporation |
| 2026-02-25 | Certificate (on limitations to public access) | Canadian Gaming Association |
| 2026-02-25 | Notice of name | Canadian Gaming Association |
| 2026-02-25 | Motion to add or substitute parties, (Book Form), As respondents, Completed on: 2026-02-26, (Printed version filed on 2026-02-26) | Canadian Gaming Association |
| 2026-02-13 | Supplemental document, Proposed lower court record, Incomplete | Atlantic Lottery Corporation |
| 2026-02-13 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2026-02-18) | Atlantic Lottery Corporation |
| 2026-02-13 | Supplemental document, (Book Form), Joint brief of transcripts of cross-examination , Incomplete, (Printed version due on 2026-02-20) | Atlantic Lottery Corporation |
| 2026-02-13 |
Supplemental document, (Book Form), Lower court record (2 Volumes), Incomplete, (Printed version due on 2026-02-20) |
Atlantic Lottery Corporation |
| 2026-02-13 |
Appellant's book of authorities, (Book Form), Missing: - Proof of service (Rec 02-17-2026), Completed on: 2026-02-24, (Printed version filed on 2026-02-24) |
Atlantic Lottery Corporation |
| 2026-02-13 |
Appellant's record, (Book Form), Missing: -Proof of service (Rec 02-17-2026), Completed on: 2026-02-18, (Printed version filed on 2026-02-18) |
Atlantic Lottery Corporation |
| 2026-02-13 |
Appellant's factum, (Book Form), Missing: - Proof of service (Rec 02-17-2026), Completed on: 2026-02-18, (Printed version filed on 2026-02-18) |
Atlantic Lottery Corporation |
| 2025-12-18 | Letter acknowledging receipt of a notice of appeal, File opened | |
| 2025-12-12 | Notice of name, (Letter Form), (Printed version filed on 2025-12-18) | Atlantic Lottery Corporation |
| 2025-12-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-12-18) | Atlantic Lottery Corporation |
| 2025-12-10 | Notice of appeal, (Letter Form), Completed on: 2025-12-19, (Printed version filed on 2025-12-18) | Atlantic Lottery Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Atlantic Lottery Corporation | Appellant | Active |
| British Columbia Lottery Corporation and Manitoba Liquor and Lotteries Corporation | Appellant | Active |
| Loto-Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Gaming Association | Intervener | Active |
| Flutter Entertainment plc | Intervener | Active |
| NSUS Group Inc., NSUS Limited | Intervener | Active |
| Mohawk Council of Kahnawà:ke | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Atlantic Lottery Corporation
Counsel
Chanakya A. Sethi
Ryan Reid
155 Wellington Street West
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-5595
FAX: (416) 863-0871
Email: mmilne-smith@dwpv.com
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: British Columbia Lottery Corporation and Manitoba Liquor and Lotteries Corporation
Counsel
Chanakya A. Sethi
Ryan Reid
155 Wellington Street West
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-5595
FAX: (416) 863-0871
Email: mmilne-smith@dwpv.com
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Loto-Québec
Counsel
Chanakya A. Sethi
Ryan Reid
155 Wellington Street West
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-5595
FAX: (416) 863-0871
Email: mmilne-smith@dwpv.com
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General of Ontario
Counsel
Ananthan Sinnadurai
Hera Evans
Jennifer Boyczuk
Crown Law Office - Civil
720 Bay Street, 8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 908-7465
FAX: (416) 326-4015
Email: joshua.hunter@ontario.ca
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: Canadian Gaming Association
Counsel
Adam Goldenberg
Gregory Ringkamp
Rachel Abrahams
66 Wellington Street West
Suite 5300, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-4343
Email: dbush@mccarthy.ca
Party: Flutter Entertainment plc
Counsel
Kelsey Flanagan
Brandon Chung
2100–22 Adelaide St. W.
Toronto, Ontario
M5H 4E3
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: NSUS Group Inc., NSUS Limited
Counsel
Teagan Markin
Bay Adelaide Centre, East Tower
22 Adelaide Street West, Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6746
FAX: (416) 367-6749
Email: ghamilton@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Mohawk Council of Kahnawà:ke
Counsel
Sarah Glickman
250 University Avenue, 8th Floor
Toronto, Ontario
M5H 3E5
Telephone: (416) 981-9943
FAX: (416) 981-9350
Email: nkennedy@oktlaw.com
Party: Attorney General of Alberta
Counsel
Peter Buijs
9th Floor, Peace Hills Trust Tower
10011 - 109 Street
Calgary, Alberta
T5J 3S8
Telephone: (780) 427-3966
FAX: (780) 427-1230
Email: john-marc.dube@gov.ab.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law — Statutory interpretation — Criminal Code — Provinces — Gaming and betting — Lotteries — Would legal online gaming and sports betting remain lawful under the Criminal Code, R.S.C. 1985, c. C-46, if its users were permitted to participate in games and betting involving individuals outside of Canada as described in the attached Schedule? If not, to what extent?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
By Order in Council 210/2024, the Lieutenant Governor in Council referred the following questions to the Ontario Court of Appeal on February 2, 2024, pursuant to s. 8 of the Courts of Justice Act, R.S.O. 1990, c. C.43:
Would legal online gaming and sports betting remain lawful under the Criminal Code if its users were permitted to participate in games and betting involving individuals outside of Canada as described in the attached Schedule?
If not, to what extent?
A majority of the Ontario Court of Appeal answered the first question in the affirmative: legal online gaming and sports betting would remain lawful under the Criminal Code if its users were permitted to participate in games and betting involving individuals outside of Canada as described in the Schedule attached to the Order in Council (“Proposed Model”). This made it unnecessary to address the second reference question. The reference question turned on a statutory interpretation analysis of s. 207(1)(a) of the Criminal Code, which provides that notwithstanding any of the provisions of Part VII relating to gaming and betting, it is lawful for “the government of a province” to “conduct and manage a lottery scheme in that province”.
In dissent, van Rensburg J.A. would have answered the first question in the negative. She agreed with the majority that the reference turned on the interpretation of s. 207(1)(a), but did not agree with the majority’s interpretation or analysis. In her opinion, legal online gaming and sports betting would not remain lawful under the Criminal Code if Ontario were to implement the Proposed Model. As for the second reference question, “If not, to what extent”, Ontario’s involvement in the international liquidity aspects of the Proposed Model would contravene the gaming prohibitions in the Criminal Code, and the exemption in s. 207(1)(a) would not apply.
Lower court rulings
Reference questions submitted by the Lieutenant Governor in Council (Ontario) by Order in Council 210/2024 answered
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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