Order: Marks v CNSX Markets Inc.

Order
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JACK MARKS
(Applicant)

– and –

CNSX MARKETS INC. and ONTARIO SECURITIES COMMISSION
(Respondents)

File No. 2025-11

Adjudicator: 
Andrea Burke

November 11, 2025

ORDER

WHEREAS on November 11, 2025, the Capital Markets Tribunal held a hearing by videoconference regarding a request from Jack Marks to vary the timeline and hearing dates scheduled in the Tribunal’s order dated August 28, 2025;

ON HEARING the submissions of the representatives for CNSX Markets Inc. (CNSX), and the Ontario Securities Commission, no one appearing on behalf of Jack Marks although they were given notice of the hearing;

IT IS ORDERED THAT:

  1. the previously scheduled hearing dates of November 12 and 14, 2025, are vacated;
  2. by 4:30 p.m. EST on November 14, 2025, Jack Marks shall serve and file written submissions regarding:
    1. their availability from 11 a.m. EST for a hearing with respect to the CNSX new evidence motion and the merits of Jack Marks’ application on all the following proposed dates: April 1, 2, 23 and 24, and May 5, 8, 13, 14, 2026, and, where applicable, explain any reasons for unavailability on any of these dates and set out any proposed alternative dates on which they are available in April, May and June, 2026; and
    2. the following proposed timetable for hearing materials:
      1. by no later than 4:30 p.m. EST on January 21, 2026, Jack Marks shall serve and file written submissions on the merits of the application;
      2. by no later than 4:30 p.m. EST on February 20, 2026, CNSX shall serve and file responding written submissions on the merits of the application;
      3. by no later than 4:30 p.m. EST on March 2, 2026, Jack Marks shall serve and file reply written submissions, if any, on the merits of the application; and
      4. by no later than 4:30 p.m. EST on March 20, 2026, the Ontario Securities Commission shall serve and file written submissions, if any, on the merits of the application; and
  3. by 4:30 p.m. EST on November 17, 2025, the CNSX and the Ontario Securities Commission shall serve and file responding written submissions, if any, regarding proposed hearing dates and the proposed timetable.

 

“Andrea Burke”
Andrea Burke