Overview
Operators may offer a platform where players compete against each other by playing games of skill for real money. But what is a game of skill?
In the United States, each state has its own rules about what is considered a game of skill. Common tests include the predominance test (i.e., does the game have more chance or more skill predominantly), and the material element test (i.e., does chance play a material role in determining a game’s outcome).
In Canada, because gaming is federally regulated, we have one set of rules that all provinces must follow. The test was first set out in the 1968 Supreme Court case Ross, Banks and Dyson v. The Queen, [1968] SCR 786 and built on through subsequent cases. Essentially, the courts examine the type of chance present in a game. Does the game rely on a systematic resort to chance or the unpredictables that may occasionally defeat skill?
Looking for documentation to provide to potential investors? We can provide you with a risk analysis setting out the legal and practical risks of your operation. Need a letter for payment processors or advertisers? We're happy to help.
If you’re a provider of skill games, you should chat with us. We’d like to learn about your business model and review how it fits in with Canadian gaming laws.
Experience
Representative Work in Skill Gaming
Conducted a risk analysis for an established skill-games operator regarding its Canadian operation.
Advised a start-up skill-gaming platform on the compliance of its business model with the Canadian Criminal Code.
Drafted a letter for a skill games operator to marketers regarding its Canadian operation.
Assisted a skill games operator with the preparation of a letter to payment processors regarding its Canadian operation.
Issued a legal opinion to a start-up chess platform and guided it through the initial stages of its business.
Contact
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