Supreme Court of Canada Grants Alberta Intervenor Status in Ontario Liquidity Case

Supreme Court Justice Sheilah Martin has granted the Alberta Attorney General's motion to intervene in the high-stakes cas

In a major development for the future of Canadian online poker and daily fantasy sports, Supreme Court Justice Sheilah Martin has granted the Alberta Attorney General’s motion to intervene in the high-stakes case Atlantic Lottery Corporation, et al. v. Attorney General of Ontario.

This case centers on the legality of international pooled liquidity, a model that would allow Ontario to connect its P2P gaming platforms with jurisdictions outside of Canada.

Alberta’s Stake in the Outcome

Alberta’s interest in the case is driven by its upcoming commercial iGaming market launch, scheduled for July 13, 2026. The new framework will allow private companies to compete with the state-run Play Alberta. Dale Nally, the minister overseeing gambling in Alberta, has already discussed potential liquidity sharing with iGaming Ontario CEO Joseph Hillier.

Legal representatives for Attorney General Mickey Avery argued that the iGaming Alberta Act already permits international participation, provided it is legal in the player’s home jurisdiction. Sheilah Martin intends to support Ontario’s stance, advocating for a flexible interpretation of the federal Criminal Code that respects provincial statutes.

Strict Procedural Bounds

As an intervenor, Alberta is subject to rigorous rules:

  • Written Factum: Limited to 10 pages, due by May 25.
  • Oral Argument: The province is granted only five minutes to present at the future hearing.
  • Constraints: Alberta cannot introduce new evidence, duplicate existing arguments, or express a direct position on the final disposition of the appeal.

With Alberta and the recently approved Loto-Québec joining the fray, nearly every Canadian province except Saskatchewan is now participating in this landmark legal docket. The case pits a coalition of four provincial lotteries against the commercial-forward models of Ontario and Alberta, which left the Canadian Lottery Coalition in 2024.

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