Order: Marks v CNSX Markets Inc.

BETWEEN:

JACK MARKS
(Applicant)

- and -

CNSX MARKETS INC. and ONTARIO SECURITIES COMMISSION
(Respondents)

File No. 2025-11

Adjudicators:
Andrea Burke (chair of the panel)
Jane Waechter
Dale Ponder

May 11, 2026

ORDER

WHEREAS on May 8, 2026, the Capital Markets Tribunal held a hearing at 20 Queen Street West, 17^th Floor, Toronto, Ontario with respect to Jack Marks’ motion dated May 6, 2026 for permission (the Leave Motion) to bring (a) a motion to introduce new evidence dated May 6, 2026 (the Marks New Evidence Motion) and (b) a motion for relief to obtain further documentary and testimonial evidence dated May 6, 2026 (the Marks Discovery Motion);

ON READING the materials filed by each of the parties, and on hearing the submissions made by each of the parties;

IT IS ORDERED, for reasons to follow, that:

1. the Leave Motion with respect to the Marks New Evidence Motion is granted, and
2. the Leave Motion with respect to the Marks Discovery Motion is dismissed.