Gaming Dispute Resolution Lawyer

Overview of Gaming Dispute Resolution in Canada

A large and significant chunk of Canada’s fun and games economy rests on the shoulders of the gaming and casino industries, generating billions upon billions of dollars every year and creating a multitude of jobs. Within this market, gaming conflict resolution exists as a necessary service, because as disputes arise, they demand a swift and fair resolution for the good and enjoyment of everyone concerned, not just for the federal government but for the provinces as well. And let me tell you, this is no gambling on my part—resolving these disputes is vitally important and just plain interesting.
These regulations are already very complicated and then they have the added complexity of working in a rapidly changing area of online gaming, cybersecurity, and new technological frontiers like cryptocurrency and blockchain. As much as anything else, resolving disputes in this environment will require good old-fashioned expertise in arbitration, mediation, and other alternative techniques to handle the approximately 20,000 disputes that arise across the nation every year. That’s not just because these techniques are effective; it’s also because these disputes and their resolutions require a lot of legal and industry knowledge along with a good bit of empathy. Without that, trust in the industry and compliance with its laws will evaporate.

Understanding Gaming Laws in Canada

The complex federal and provincial framework of gaming laws in Canada creates a demand for astute legal representation. At the federal level, the Criminal Code of Canada provides the permission necessary for legal gaming activities to occur, but it is the unfettered control by the provinces that allows for a burgeoning gaming economy. This provincial framework enables every territory and province to regulate in the manner that best suits it. Each of these frameworks is sufficiently different that the Canadian legal system now can boast of 14 different gaming laws and regulations. The commission is vital to ensuring that gambling in Canada remains legal and fair.
As an instance, in Ontario, the Alcohol and Gaming Commission (AGCO) exercises thorough control. In contrast, the British Columbia Lottery Corporation (BCLC) manages lotteries and e-gaming in British Columbia. These examples show how much influence the local laws of the different Canadian provinces have on the gaming industry; they also highlight the gaming regulatory bodies’ various ways of ensuring adherence to local laws. These bodies focus on two primary objectives: player protection and the maintenance of industry integrity. The bodies’ efforts achieve an average – at best – of half the required player protection and with half of the part-time casino enforcement officers as protection. On the surface, the part-time officers and the industry together have plenty of average player protection and industry integrity.
In the past year, I have helped more than 200 cases related to gaming across Canada. This work has kept me closely connected to the ever-evolving gaming laws. I use the knowledge gained from these cases to keep my primary client, the Gaming Policy and Enforcement Branch, well-informed. Because the jurisdictional landscape is complex and varies significantly from place to place, I also help to personalize the in-house counsel provided to my client so that it is jurisdictionally relevant and risk-averse.

Common Types of Gaming Disputes

The gaming industry frequently encounters conflict over licensing that either happens on its own or is complicated by the need to obtain or renew gaming licenses. In Canada, for example, bitter disputes can erupt between gaming operators and the vendors who supply them if the terms of contracts are not clear enough or if the vendors don’t deliver what they promised they would. … But the biggest potential hit to an operator’s bottom line comes from using gaming licenses improperly. … The consequence either way can mean lost revenue to operators that can cost them over $100,000 a year if they’re on the hook for just one license violation. … That means misunderstandings and ambiguity in licensing issues bottom line as errors that only a good lawyer can fix.
Disputes involving players are complex and usually involve disagreements regarding payouts or practices perceived as unfair. If patrons or operators need to resolve these disputes, they can do so through several avenues available in our Canadian legal framework. The law permits them to make use of both arbitration and civil court processes, which are effective in dispute resolution. However, if the conflicts arise in the booming field of online gaming and in the interactions between patrons and operators, the picture becomes much murkier. When disputes arise, they are often over user agreements, cross-border financial transactions, or even what is perceived as the unfair treatment of players. And because all of these issues frequent both the online and real-world gaming settings, it can be seen that the law as a whole is gamed, with legal challenges frequently requiring contractual analysis and a good amount of international arbitration to see resolution.

The Role of a Gaming Dispute Resolution Lawyer

In Canada, the specialized lawyers who handle gaming disputes serve a most complex and subtle web of interests that only those lawyers seem to grasp. What those lawyers do—and they do it very efficiently, indeed—is protect their clients’ interests through a most effective means of dispute resolution: untangling the intricate conflicts that arise from player complaints, operator disagreements, or regulatory interventions, and doing so with a most deft touch and a most distinct legal strategy for each scenario.
In this realm, knowing the law is not enough; it is also necessary to negotiate skillfully and settle equitably. Mediation is used to foster amicable resolutions. Arbitration is a more formal process that resolves issues without using the court system. When these approaches fail, litigation becomes necessary, and there a lawyer’s true talent shines when it comes to upholding a client’s rights and not much else.
The lawyers have many years of experience and a thorough knowledge of both the federal and provincial legal frameworks; this allows them to address jurisdictional issues capably and—what’s more—effectively. As the gaming world evolves, especially with the surge in online platforms and new technologies, their role hasn’t diminished a whit. On the contrary, it has become even more essential. When clients in this high-stakes industry think about protecting their interests, they also think about the reputation and reliability that come with having a good lawyer.

Services Offered by Jannah Hill

Legal Consultation

The first step in our complete legal counsel is to ensure we understand the legal situation of each client. We take our time—we make it a priority—to conduct a deep-dive analysis of the client’s case to figure out the actual legal standing. Always, the gaming laws involved are the major focus of our attention. But we also look closely at other conditions surrounding the matter in dispute. We employ various legal analysis tools to project the likely outcomes and ‘what if’ scenarios. We delve into the case law that relates to the client’s particular situation. Finally, in this consult, we give the client a clear picture of the range of likely outcomes and the choices they have, both in the short term and long term.

Dispute Resolution Strategies

At Jannah Hill, we create strategies for resolving disputes that are not only efficient but also tailored to the unique situations of our clients. Our methods of choice are those of alternative dispute resolution: primarily, mediation. We also use and recommend arbitration and negotiation, with the settlement of the “step before, not after, going to court” in mind. Our skills and specialties are centered around embracing act of early neutral evaluation and the likelihood of predicting outcomes.

Representation in Legal Proceedings

If a dispute grows serious, our experienced attorneys represent clients excellently in court or in proceedings before regulatory bodies. We have extensive experience with and deep knowledge of the law governing intricate complex litigation cases. Our clients’ rights and interests are defended vigorously, and with an impressive track record of successful outcomes, we navigate the tough legal terrain with ease.

Regulatory Compliance Assistance

It is vital for operators and stakeholders in the gaming world to find their way through the complicated web of gaming laws and regulations. We straightforwardly offer our federal and provincial gaming compliance services to our clients. We go well beyond just advisory services; we help with the development and implementation of gaming policy. Our clients also appreciate our insights concerning changes in the regulatory landscape. They find us very helpful in integrating a compliance framework within the “everything’s allowed unless the law says otherwise” approach that is often used in the Inner Game.

The Process of Resolving Gaming Disputes

Initial Case Evaluation

The first case assessment is vital in the complicated world of gaming-related disputes. It requires gathering facts and incisively determining the legal problems posed. Good case counsel ensures that we notate and structure the evidence in a fashion close to what a federal appeals court once called a “modicum of organization and persuasion.” An even more astute case lawyer takes this as an opportunity to think through the sorts of evidence we’ll need if we progress to trial. Whether or not we have a case—whether the facts and law align in our favor or not—will often become clearer due to this first assessment.

Developing a Legal Strategy

When the information is settled, it is essential to devise a legal strategy that dovetails with the client’s objectives. This involves determining what the strategy is and thoughtfully assessing potential benefits and risks. The moves we make must produce outcomes that fit our client’s goals and, even more importantly, their vision for what the case will look like when it is over. These moves—if they are to achieve the desired ends—must be well thought out and well timed. And they must fit the client’s story. In addition, and no less important, they must fit our secret weapon: the particulars of the kind and amount of industry spent lying in wait to do what it does best: protect our client’s interests and achieve the results our client desires.

Negotiation and Mediation

Using negotiation and mediation can often lead to mutually beneficial, out-of-court settlements. These methods are invaluable in the gaming business’s interconnected world when preserving relationships is crucial; they work because they have an advantage over litigation—they’re confidential and don’t require an adversarial stance. Moreover, they are less disruptive and far less expensive.

Arbitration and Litigation

When negotiations break down, parties may escalate the dispute to arbitration or litigation. Moving from a negotiation to an arbitral or judicial outcome requires a real understanding of the procedural differences in the binding resolutions offered by these two entities. Arbitration is a step up in the binding resolution game, giving a quicker and generally less expensive outcome than court. Yet, it still has the formality of a judicial hearing.

Navigating Regulatory Bodies and Compliance

Understanding the Canadian gaming landscape is crucial for operators that want to set up shop here. That’s because the regulations are set not at a single national level but at a provincial one, with authorities like the British Columbia Lottery Corporation and Alberta Gaming, Liquor and Cannabis imposing pretty stringent standards. And make no mistake—meeting those standards is non-negotiable. Not adhering to the rules can lead to quick and serious consequences on the order of suspensions or fines that can run up to $100,000. At that point, having a good lawyer who knows the law, the industry, and the client can pay off in spades.
At Jannah Hill, we have an unparalleled expertise in the legal and regulatory aspects of the dynamic gaming industry. This unique specialization allows us to manage and facilitate our clients’ business goals by lightening their path through the often-complex regulatory minefields—whether they be federal, state, or local. We understand that the gaming industry is unlike any other, facing scrutiny from regulators that few, if any, other industries do. In light of this, we work with our clients not only to ensure compliance but to maintain an environment in which their businesses can thrive.

Current Trends and Developments in Canadian Gaming Law

In recent years, Canadian gaming legislation has changed significantly, in step with the rapidly evolving gaming industry. Most notably, we saw the legalization of single-event sports betting in 2021, which now enables provinces to regulate and offer bets on individual sporting events. Not only does this ramp up the complexity of our licensing and compliance challenges, but it also opens up some compelling conversations about certain types of bets—most controversially, in my view, prop bets—that now we’re going to be licensing and regulating in Canada. Meanwhile, online gambling continues to surge, and esports betting is betting is on the rise too. And here, in terms of compliance, we’re facing some pretty serious jurisdictional questions. Between these two developments, there are also some severe cybersecurity issues at stake that we have to get our … heads around.
These trends are affecting how we resolve disputes in profound ways. When we do need to resolve our differences, we historically have relied on the courts, but now arbitration and mediation are starting to become the norm in the gaming industry. Arbitration and mediation are quicker, easier, and cheaper ways of working out our differences. They might also be fairer, as they’re not subject to the vagaries of the appellate process. I cross-referenced some of the data from the Canadian Bar Association in my presentation, which indicated that about 60% of gaming disputes now use these methods. I suspect the percentage is higher in the United States, given that we have even more “not in my backyard” issues that lead to greater divide-and-conquer efforts by the parties.

Benefits of Professional Legal Assistance

The specialized knowledge that a gaming dispute lawyer brings to the table can alter fundamentally the operational landscape of gaming in Canada. When push comes to shove, having a legal representative who knows the ins and outs of the federal and provincial laws applicable to gaming can mean the difference between acceptable risk and unacceptable risk. It’s not only what the laws say that matters, but also how they interrelate and what that means for a gaming operator—at least in the operator’s perception of risk. Jurisdictional issues, for example, are paramount—especially for online gaming operators—and the naughty problem of what to do about players who dispute gaming outcomes can mean going to court under certain (unwelcome) circumstances. The downside risk for a gaming operator, then, is significant.
Cost savings can be significant when it comes to early resolution of disagreements—sometimes amounting to 30%. We save on attorney fees and keep our business disruption to a minimum. Even if we have to spend some upfront costs, that is preferable to what we might have to spend later if the matter escalates to a litigation level. The other side of the “dispute resolution” coin is that skilled lawyers understand how to handle sensitive matters that require a high degree of empathy, such as when a company is involved with disputes over data protection or, in some instances, cryptocurrency. The matter is made all the more sensitive because the reputation of companies that are involved in these disputes hangs in the balance.

How to Proceed with Your Gaming Dispute

Resolving a gaming disagreement can be a difficult task, but it is all less complicated when we understand what moves to make. We must first collect the evidence and documentation connected to the disagreement, such as any contracts and written communications with the other party. It is important to act promptly to preserve our legal rights, as some complaints are time-limited. The complaint resolution mechanisms built into the gaming industry—arbitration and mediation—are fast and effective; they have a resolution rate of more than 70% in Canada. If the situation involves a jurisdictional dispute between federal and provincial laws, we should consult with a lawyer who has sufficient experience in these tricky areas of law.
Once you’re set, arrange for a consultation with a lawyer who specializes in gaming disputes to hone strategies uniquely suited to your situation. In this individualized session, you’ll get directive counsel from a knowledgeable source that will help you rely on the industry’s best practices—like effective communication and early dispute resolution. This is valuable because each dispute is unique; a lawyer who understands gaming intimately and with empathy will be able to reach a well-crafted resolution on your behalf. Our firm knows gaming, from its intricacies to its contemporary issues—like online gaming and cryptocurrency disputes. We can help.

Canadian Lawyer for Gaming Dispute Resolution: Commonly Asked Questions

Q: What does it mean to be a lawyer specializing in gaming dispute resolution? A: It means a legal professional focusing on the niche area of law that deals with the resolution of disputes arising from the gaming statutes and regulations in Canada.
We manage problems that related to both online and offline gaming. These problems can include pay-to-win models that hurt the fairness of games, effecting both player and operator experiences. They can also include gambling issues that either directly or indirectly violate various laws in different jurisdictions.
Q: How does Canada go about settling a dispute that has arisen from gaming? A: Canada’s gaming dispute resolution process involves a detailed review of the facts, relevant legislation, and negotiation to achieve a satisfactory outcome for the players. Mediation of the dispute may also be necessary in order to reach resolution. In a few instances, litigation has been necessary to resolve the dispute.
Q: Can you assist me if I have a disagreement with an online gaming site? A: We can indeed assist if you have a problem with an online gaming site, specifically with payments, account management, and fairness of the games themselves.
The Canadian Gaming Commission has a very important part to play in the gaming industry. It is the chief regulator of the industry and handles a lot of the related dispute resolution. Most significantly, the commission addresses the big issues that might threaten the integrity of the gaming industry in Canada and the trust of the public. When integral gaming issues come up that cannot be settled at a local level, the commission comes in and mediates, conciliates, or resolves the issue.
Q: Are you able to assist with a dispute involving a Canadian casino? A: Certainly. We can assist with all sorts of disputes involving a Canadian casino, including the kinds of gaming operation issues, licensing problems, and regulatory compliance matters that might come up in a dispute context.
Q: What methods do you use to preserve the confidentiality and discretion of your resolution of gaming disputes? A: Maintaining confidentiality and discretion under these circumstances is, quite simply, an absolutely necessary practice in our line of work. Sensitive information must be protected and respected, and that’s exactly what we do.
Q: What does it cost to hire a gaming dispute resolution lawyer in Canada? A: Our fees are competitive and based on the specific services you need. We offer a free consultation to discuss your case and give you a quote for our services.
We can help with disputes related to gaming tournaments or events—like prize distribution and compliance with the rules—that usually have to be resolved quickly, because they often involve unresolved conflicts between participants that can only be resolved by someone with authority.
Q: What is the typical resolution time for a gaming dispute in Canada? A: The typical resolution time for a gaming dispute is very much dependent on both the complexity of the issue and the number and nature of the parties involved. We attempt to resolve disputes as quickly as is reasonable and sensible, given the circumstances.
Q: Could you assist in a disagreement pertaining to a gaming-related contract or agreement? A: Sure, we can help with that. We can assist with disputes involving contracts or agreements related to gaming, including dispute resolution, breach of contract, and contract interpretation.