The appellants were convicted of keeping a common gaming house after police observed customers playing an Italian card game on their business premises.
The trial judge found no money changed hands, but it was customary for the loser to buy a round of refreshments.
The Court of Appeal upheld the conviction, finding this custom constituted wagering.
The Supreme Court of Canada allowed the appeal, holding that wagering is an essential element of gaming and the custom of the loser purchasing refreshments does not constitute staking as defined by the common law.
