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GotSkill? Games Software Developer Will Seek Appeal to Supreme Court

August 9, 2019 – The Canadian provider of skill-based video games, intends to appeal a decision released yesterday by the Ontario Court of Appeal.


Last year a judge of the Ontario Superior Court held that the GotSkill? game was a lawful skills-based game and therefore permitted in Ontario’s hospitality establishments (read media of November 15, 2018 here). The Alcohol and Gaming Commission of Ontario (AGCO) appealed that decision. Yesterday, the Ontario Court of Appeal agreed with the AGCO and held that GotSkill is a mixed game of skill and chance. This Court of Appeal decision overturns the Superior Court decision.


“This is not the outcome we expected given the Superior Court’s decision,” says Skill Based Games president Tony Carvalho. “We have now served papers to start the process to appeal this recent decision to the Supreme Court of Canada. We are also in discussions, through our Counsel, with Counsel for AGCO on how this matter will be dealt with in the interim.”


Carvalho expects to continue with company operations until the court process renders a final decision. “While we wait for the final decision from the Supreme Court of Canada, we are in discussions with the AGCO on how to proceed,” says Carvalho. “We are confident that, if necessary, we can make any required revisions to the game so that it conforms with the current ruling by the Court of the Appeal while we proceed with our appeal to the Supreme Court.”


The AGCO has previously confirmed via published Bulletins that it would wait for a final court decision before taking any actions with the company or with establishments hosting the games. AGCO stated, “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 liquor licence holders to remove the machines from their premises and will allow a reasonable period for licence holders to comply.” 

Read the Ontario Superior Court decision here.

Read the Court of Appeal decision here.

GotSkill? / SBG - Skill Based Games Inc.

SBG - Skill Based Games Inc. (SBG) is the Canadian distributor of GotSkill? games developed for installation in the hospitality sector (restaurants, bars, pool halls, cafes, bowling alleys, entertainment establishments, etc.). The games are skill-based, requiring hand-eye coordination, and include the opportunity for cash prizes. SBG’s GotSkill? games are fun, entertaining and 100% skill-based. Visit: www.gotskill.ca


Visit www.gotskill.ca for more information or contact:

Tony Carvalho - 905.264.4567 or tonyc@gotskill.ca

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© 2015 by Skill Based Games Inc.