Recent Publications

On the Hunt for Canadian Gaming Bigfoot

Spring 2019 – Canadian Gaming Lawyer v12 n1
In the Canadian gaming field, we have our own Bigfoot. Part of Canadian gaming folklore, this “Canadian Gaming Bigfoot” is a game that appears to be quasi-gambling but is actually a game of skill. There have been many claims of Canadian Gaming Bigfoot sightings, but these claims are either untested (e.g., daily fantasy sports, penny auctions), or upon closer inspection and a review of the evidence (i.e., by a Canadian court), determined by courts to be either a game of chance or mixed chance of skill (i.e., not Canadian Gaming Bigfoot).

Block Quebecois: Network Sovereignty and Controlling Remote Gambling in Quebec

Summer 2018 – Canadian Gaming Lawyer v11 n2
Government control over gambling in Canada is exerted at the federal and provincial levels through legislation and enforcement of legislation. Offshore remote gambling presents jurisdictional and enforcement challenges to government control over gambling. These jurisdictional and enforcement challenges have led to offshore remote gambling operators accepting players located in Canada without fear of repercussion from Canadian authorities. As an alternative to criminal and quasi-criminal control over offshore remote gambling, which has not been an effective deterrent, the Quebec government is attempting to control offshore remote gambling by blacklisting and blocking unauthorized remote gambling websites. This exercise of network sovereignty is unprecedented in Canada.

Giving Games of Skill a (De Minimis) Chance

Fall 2016 – Canadian Gaming Lawyer v9 n2
The Canadian Criminal Code (the “Code”) prohibits games of chance, and games of mixed chance and skill, but does not prohibit games of skill. In the recent case of R . v. Riesberry, the Supreme Court of Canada considers whether there is a systematic element of chance in horse racing and, in doing so, highlights the limitations of a rule that holds that essentially, if there is any systematic resort to chance, a game cannot be a game of skill.

Publications

Jack I. Tadman and Matthias Spitz, Possible New Directions in Canadian iGaming: Regulation & Lessons from Across the Atlantic, 8 Canadian Gaming Lawyer 1 (2015).

Michael D. Lipton, QC, Kevin J. Weber, and Jack I. Tadman, The Legality Of Fantasy Sports In Canada: Projections And Cheat Sheets, Who’s Who Legal (2014).

Michael D. Lipton, QC, Kevin J. Weber, and Jack I. Tadman, Go North, Young Man: OLG’s Modern Monopoly and Opportunities for Growth, 12 Global Gaming Business 4 (2013).

Michael D. Lipton, QC and Jack I. Tadman, Short Stacked: Legal and Practical Challenges Facing the Canadian Poker Network, 11 Global Gaming Business 4, (2012).

Jack I. Tadman, The UIGEA, Canada and the “New” Fantasy Sports, 16 GAMING L. REV. & ECON. 91 (2012).

Michael D. Lipton, QC and Jack I. Tadman, De-fine-ing the Problem: Provincial Prosecutorial Power, Self-Exclusion Agreements, and Pathological Gambling in R. v. Trins, 5 Canadian Gaming Lawyer 1 (2012).

 Michael D. Lipton, QC and Jack I. Tadman, One Cup of Coffee: Gambling, Social Games & Virtual Currency in Canadian Law, 8 Casino Gaming Lawyer 2 (2012).

Jack I. Tadman, S. 203: A Mule of a Rule or Part of Our Colt-ure, 4 Canadian Gaming Lawyer 2 (2011).

Michael D. Lipton, QC and Jack I. Tadman, Obiter-Sweet: Judicial Consideration of the Duty of Care & Its Effect on Responsible Gaming Initiatives, 4 Canadian Gaming Lawyer 1 (2011).

Jack I. Tadman, Selling Lottery Tickets After the Top Prize Has Been Won: Scratch 22 or Caveat Emptor, 2 Canadian Gaming Lawyer 2, (2009).

Jack I. Tadman, Money Won Is Twice as Sweet As Money Earned: The Tax Exempt Status of Gambling Winnings in Canada, 2 Canadian Gaming Lawyer 1, (2009).

Michael D. Lipton, QC, Kevin J. Weber, and Jack I. Tadman, International Casino Law and Regulation: Saskatchewan, International Masters of Gaming Law, (2009).

Media

“Canada Might Soon Legalize Single Game Sports Betting“, March 23, 2021 – CTV’s Your Morning – Canada’s National Morning Show

“Daily Fantasy Sports in Canada“, October 6, 2015 – CBC Morning Radio Show

Presentations

Gamblur: The Line Between Gaming and Gambling, April 2017 – Canadian Partnership For Responsible Gambling Annual Conference

Fantasy Sports Panel, June 2015 – Canadian Gaming Summit

Land-Based and Online Gaming Legal Update, April 2011 – Canadian Gaming Summit