The applicant, Play For Fun Studios Inc., sought a declaration that its game "GotSkill" is a game of skill, not a game of chance or mixed skill and chance, as defined under s. 197(1) of the Criminal Code.
The respondent, the Registrar of Alcohol, Gaming and Racing, argued that considering multiple plays, the potential next win for subsequent rounds introduced an element of chance, making it a game of mixed skill and chance.
The court found that while the potential next win for subsequent rounds involved an element of chance from the player's perspective, a sufficiently skilled player could consistently "beat" the machine by achieving a 110% score on the skill task, thereby winning more than wagered over time.
This distinguished "GotSkill" from older "gum dispenser" cases where players were entirely at the mercy of the machine.
The application was granted, declaring GotSkill to be a game of skill.
