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Don Bourgeois

Counsel Gaming and Gambling

PROFILE

Don has over 25 years of experience in the gaming sector, primarily in executive positions, including casinos, charitable gaming, lottery, internet gaming, and horse racing. He was previously General Counsel for the Alcohol and Gaming Commission of Ontario, where he was also Deputy Registrar, and counsel for the Ontario Racing Commission and its Executive Director. Don was the architect of the AGCO’s shift to a risk-based approach to regulation and the modernization of the liquor licensing regulatory structure and the Gaming Control Act and its regulation, the development of the Registrar’s Standards and Requirements, the Registrar’s eligibility assessment process for applicants for registration or licensing, and the AGCO’s regulatory assurance program. He is Co-Director of the Osgoode Professional Development’s Certificate in Gaming Law, and the author of several legal texts, including The Law of Charitable and Casino Gaming and numerous articles. He is the recipient of several awards, including the Canadian Gaming Association’s Industry Leadership and Outstanding Contribution.

Publications

AUGUST 21 2019

19 Fogler Rubinoff Partners Ranked in The Best Lawyers™ in Canada

Fogler Rubinoff is pleased to announce that the following 19 lawyers were selected by their peers for inclusion in the 2020 edition of The Best Lawyers in Canada.

  • Don Bourgeois – Gaming Law
  • Steven Cygelfarb - Real Estate Law, Commercial Leasing Law
  • Milton A. Davis - Legal Malpractice Law
  • Albert Engel - Environmental Law
  • Michael B. Fraleigh - Health Care Law, Medical Negligence
  • Jeffrey B. Goldenberg - Real Estate Law
  • Bill Hearn - Advertising and Marketing Law
  • Eric N. Hoffstein – Trust and Estates
  • Ian N. Kady - Real Estate Law
  • Gary Kissack - Aboriginal Law
  • Ross MacDougall – Construction Law
  • Martin L. Middlestadt - Real Estate Law
  • Kenneth W. Movat - Construction Law
  • Young Park – Corporate and Commercial Litigation
  • Karen Rosen - Energy Law
  • John Rowinski – Aboriginal Law
  • Howard Rubinoff – Banking and Finance Law
  • Colleen Spring Zimmerman - Intellectual Property Law
  • Mary Wahbi – Trusts and Estates

Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

JANUARY 07 2019

AGCO's Expression of Interest Lottery: Do You Feel Lucky?

The AGCO published, on January 2, 2019, the Rules for the Cannabis Retail Store Licensing Expression of Interest Lottery to select potential operators for the initial 25 retail store authorizations.

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DECEMBER 18 2018

Cannabis Reboot – Dealing With Shortages in Ontario

The Government of Ontario announced an interim change in direction for the private retail sale of cannabis — including the delay in the application process...

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NOVEMBER 30 2018

The Law of Charitable and Casino Gaming

Authored by Don Bourgeois, The Law of Charitable and Casino Gaming, is the only comprehensive resource on gaming legislation and jurisprudence in Canada, with insightful analysis and commentary on the Criminal Code, charitable gaming, government gaming and horse racing. The focus throughout the second edition is on regulatory compliance.

NOVEMBER 20 2018

Some Clarity; Some Fog: Cannabis Licence Act, 2018 Ontario Regulation 468/18

The Cannabis Licence Act, 2018 was enacted in October 2018 and provides for a licensing and regulatory regime for privately-owned and operated cannabis retail stores in Ontario...

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NOVEMBER 09 2018

Liquor Laws of Canada

In the publication Liquor Laws of Canada, Don Bourgeois provides a valuable analysis of the constitutional and economic contexts of Canadian liquor laws, giving readers a useful guide for understanding and interpreting the overall legislative framework.
 

OCTOBER 01 2018

Bill 36 — Approach to Cannabis Retailing in Ontario

The Attorney General introduced Bill 36 on September 27, 2018. This Bill, if enacted, would make significant changes to the previous Government's approach to retailing of cannabis and its use in public areas...

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AUGUST 14 2018

Ontario's Evolving Cannabis Retail Model

Minister of Finance Vic Fedeli and Attorney General Caroline Mulroney announced on August 13, 2018 a new "regulated private retail model" for cannabis...

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SEPTEMBER 30 2017

Criminal Law in the 21st Century

Practice Areas

Education:

  • Called to the Ontario Bar, 1984
  • LL.B., Osgoode Hall Law School, 1981
  • B.A., Wilfrid Laurier University, 1978

Speaking Engagements

Program Director, The Osgoode Certificate in Gaming Law, November 5, 2018

Program Chair,  Gambling by the Book: Ensuring Compliance with Federal and Provincial Gaming Laws, Osgoode Professional Development, March 1, 2018

 

Publications:

  • Liquor Laws of Canada, (with Craig Slater), LexisNexis Canada (2018
  • Halsbury’s Laws of Canada – Charities, Associations and Not-for-Profit Organizations, LexisNexis Canada second edition scheduled (2018), reissue (2013), first edition (2008)
  • Halsbury’s Laws of Canada – Liquor Control, LexisNexis Canada reissue scheduled for 2017
  • “The Role of the Lawyer in Enterprise Risk Management and Risk Assessments”, Canadian Gaming Lawyer Magazine (Summer, 2015)
  • Guide to the Ontario Not-for-Profit Corporations Act, 2010, Lexis Nexis Canada (2017 expected publication date)
  • Election Law of Canada, Lexis Nexis Canada (April 2015) 
  • The Law of Charitable and Not-for-Profit Organizations, LexisNexis Canada, fifth edition (2016), fourth edition (2012), third edition (2002), second edition (1995) and first edition (1990).
  • The Law of Charitable and Casino Gaming, Butterworths Canada, 1999
  • Charities and Not-for-Profit Administration and Governance Handbook, Butterworths Canada, second edition (2009) and first edition (2001)
  • Charities and Not-for-Profit Fundraising Handbook, Butterworths Canada, second edition (2006) and first edition (2000)
  • “A Role for the Private Sector Lawyer in the Policy-Making Process”, Chapter 14, Public Law, Bar Admission Course, Law Society of Upper Canada
  • Public Law in Canada, Nelson Canada, 1990
  • The Six Nations Indian Land Claim to the Bed of the Grand River, Historical Research Report Series, Report No. 1, Ministry of Natural Resources, 1986
  • “The Role of the Historian in the Litigation Process”, Canadian Historical Review, June 1986
  • Review of Our Children Are Our Future in Canadian Journal of Native Studies, 1983
  • Numerous articles for trade publications, newsletters and conferences 

Professional and Community Activities:

  • Co-Director, The Osgoode Certificate in Gaming Law, Osgoode Hall Law School, Professional Development Program
  • President, Createscape Waterloo Region
  • Trustee, Agora Foundation
  • Director, Canadian International Development Organization

Awards and Recognition:

  • Profiled as a Recognized Practitioner in Chambers Canada: Gaming & Licensing Law
  • Profiled as a leading lawyer in The Best Lawyers™ in Canada: Gaming Law
  • Mayor’s City Builder Award (2016) – City of Kitchener
  • Industry Leadership and Outstanding Contribution (2014) – Canadian Gaming Association
  • The Queen Elizabeth II Diamond Jubilee Medal (2012) 
  • AMS/John Hodgson Award (2008) – Canadian Bar Association, Charitable and Not-for-Profit Law 
  • The Amethyst Award (2008) – Ontario Public Service
  • Kitchener-Waterloo Arts Award (2000)
Portrait

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