Published on: September 23, 2025, 12:57h.

Updated on: September 23, 2025, 01:23h.

• Ontario Superior Court of Justice rules against GotSkill?, despite the manufacturer’s adjustments to its gaming machines
• CEO of Prime Skill Games announces a lawsuit against AGCO concerning the matter
• Court concluded that GotSkill? and Prime Skill gaming machines are classified as gambling, warranting their removal from venues

In a significant ruling, the Ontario Superior Court of Justice determined in July that even after improvements, GotSkill? gaming machines are still considered gambling rather than games of skill. This ruling, however, has not deterred Matt Zamrozniak, CEO of rival Prime Skill Games, from pursuing legal action to protect his business model.

“I have thoroughly reviewed the Court’s ruling. Despite being competitors, I admire their efforts and believe in their cause,” stated Matt Zamrozniak, CEO of Prime Skill Games, during an interview with Casino.org. “I would prefer to compete legally and transparently than see any skill game unjustly categorized alongside illegal devices. At Prime Skill, our commitment has always been to adhere to legal standards, and I remain confident in our product.”

The court’s decision served as a victory for the Alcohol and Gaming Commission of Ontario, which is actively working to eliminate gaming machines it categorizes as gambling devices from licensed venues such as restaurants and convenience stores.

Is It a Skill Game or Gambling?

The AGCO provided this statement to Casino.org following the GotSkill? court ruling in July:

“We are pleased with the Ontario Superior Court’s ruling and are conducting a comprehensive review of the decision. The AGCO remains dedicated to mitigating the substantial risks posed by unauthorized gaming in Ontario in all its forms.”

In an effort to redefine their gaming machines as skill-based, the owners of GotSkill? made various modifications, hoping to maintain their presence in 180 primarily regulated venues across Ontario. The GotSkill? owners were appealing a prior Court of Appeal ruling.

Prime Skill CEO: We Adhere to Legal Standards

“I believe it remains a blend of chance and skill regardless of these modifications,” Ontario Superior Court Justice S. Nakatsuru commented. “There is still a systematic reliance on chance, which incentivizes players to invest money in hopes of revealing higher-value rounds in the future.”

According to Nakatsuru, “The average player continues to spend money for the opportunity to receive something of greater worth as they engage in GotSkill rounds. The realization of that opportunity still hinges on systematic chance.”

The driving force behind playing remains the desire to secure opportunities for larger prizes, which is contingent upon chance mechanics. While players have more insights into potential future prizes, this does not fundamentally alter the inherent nature of the game.

Ontario Superior Court Decision Against GotSkill?

In July, Casino.org reported that the AGCO was revoking the lottery seller registrations of several retailers in the greater Toronto area for offering unapproved electronic gambling machines associated with the Prime Skill brand, as part of its mission to safeguard the public by combating unregulated gambling.

The AGCO argues that these machines lack regulation and function similarly to traditional slot machines.

In response, Prime Skill Games is preparing to take the AGCO to court. Zamrozniak indicated that the company has filed an application for judicial review and is organizing its next steps as a legal team.

Prime Skill CEO: Allow Us the Opportunity to Prove Our Worth

“Prime Skill is founded on strategic thinking, focus, and decision-making, not chance,” Zamrozniak asserted. “This distinction is evident and quantifiable. We are eager for the chance to showcase this openly, yet AGCO has dismissed all our efforts to discuss our business model.”

“Our position is straightforward: Prime Skill is not a gambling entity. Our success hinges on strategy, planning, and cognitive skill. Outcomes depend on player decisions rather than randomness. However, AGCO continues to categorize all electronic terminals as one type, ignoring key differences. We’ve repeatedly sought constructive dialogues, yet they’ve declined. All we demand is a fair hearing to present our case and validate the nature of our product.”

Ultimately, Zamrozniak emphasized that he only requests a thorough evaluation of his company’s product “in a proper manner.”

AGCO’s Commitment to Removing Gaming Machines

“AGCO hasn’t even provided certification criteria to the independent labs we’ve approached, leading to delays in the entire procedure,” he explained. “This is why we remain inactive in Ontario; we refuse to jeopardize our partners.”

“But let me be clear: Prime Skill is not evading scrutiny. I am available for any discussion, forum, or opportunity to validate our development. Grant us that opportunity, and we will conclusively demonstrate that Prime Skill represents a legitimate game of skill.”