CANADIAN REGULATION
On October 20, 2017, the AGCO released Information Bulletin No. 46, which stated that (i) the parties have resolved to ask the Superior Court of Ontario to hear the application as to whether GotSkill? is legal; and (ii) the AGCO will not take regulatory action against a licensee who hosts such a game in their licensed establishment until a decision has been given by the court. If the final decision of the court is that the games cannot be legally hosted and played in a licensed establishment, the AGCO will direct licence holders to remove the machines from their premises and will allow a reasonable period for licence holders to comply. If the final decision is that the hosting and playing of the game is not contrary to the Criminal Code and/or Liquor Licence Act requirements, the AGCO will allow licence holders to host the game, if there are no other unrelated regulatory issues. 6 GotSkill? machines continued to be available in licensed establishments. On September 4, 2018, the Ontario Superior Court of Justice determined that GotSkill? was a game of skill, because a player who continuously obtained 110 percent on the skill task, and played through an entire run of tickets (1000 plays), would win more than they lost. T herefore, the GotSkill? machine cannot defeat the ability of a player to obtain favourable results. 7 On October 10, 2018, the AGCO released Information Bulletin No. 87, informing licensees that the AGCO filed a notice of appeal with the Ontario Court of Appeal. 8 GotSkill? machines continued to be available in licensed establishments.
Bulletin No. 92, informing licensees that the appeal date was June 18, 2019. 9 GotSkill? machines continued to be available in licensed establishments. On August 8, 2019, the Ontario Court of Appeal overturned the Superior Court of Justice Decision and determined that GotSkill? was a game of mixed chance and skill (and thus not allowed to be provided in licensed establishments without AGCO approval). The Court acknowledged the finding of the Ontario Superior Court of Justice that it was technically possible for a player to consistently win more than they lost, but factors such as (i) a player not knowing when the run of 1000 tickets starts; (ii) a player not knowing that if the player changed game themes a new run of tickets would start, and (iii) the player would also not know that a run of 1000 tickets was necessary. 10 Instead of the unlikely hypothetical accepted by the lower court, the Court of Appeal focused on the normal course of play of an “ordinary player” of the game. The chance present in GotSkill? was that players chose to spend their money for the opportunity of being able to obtain something of greater value the next time. Whether or not players have that opportunity is based on chance. 11 On August 9, 2019, the AGCO released Information Bulletin No. 94, notifying licensees of the decision by the Ontario Court of Appeal finding that GotSkill? was gambling, and letting licensees know they would be contacted about removal of the machines. 12 GotSkill? machines continued to be available in licensed establishments.
On February 25, 2019, the AGCO released Information
On August 20, 2019, the AGCO released Information Bulletin
6 AGCO , Info Bulletin No.46 - Legality of “Got Skill” Game in Licensed Establishments , https://www.agco.ca/en/news/info-bulletin-no46-legality-got-skill-game-licensed-establishments, retrieved November 17, 2025. 7 Supra note 4 8 AGCO , Info Bulletin No. 87 - Got Skill Game in Licensed Establishments: AGCO appeals Superior Court decision , https://www.agco.ca/en/news/info-bulletin-no-87-got-skill-game-licensed-establishments-agco-appeals-superior-court, retrieved November 17, 2025. 9 AGCO , Info Bulletin No. 92: Got Skill Game in Licensed Establishments: UPDATE - AGCO to Ontario Court of Appeal - June 18, 2019 , https://www.agco.ca/en/news/info-bulletin-no-92-got-skill-game-licensed-establishments-update-agco-ontario-court-appeal, retrieved November 17, 2025. 10 Play for Fun Studios Inc. v. Ontario (Alcohol and Gaming Commission of Ontario) , 2019 ONCA 648 (CanLII) , at para 31. 11 Ibid . at para 26. 12 AGCO , Information Bulletin 94 : Got Skill Game in Licensed Establishments: UPDATE, https://www.agco.ca/en/news/information-bulle- tin-94-got-skill-game-licensed-establishments-update, retrieved November 17, 2025.
IMGL MAGAZINE | DECEMBER 2025
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