Decision in brief: Marks v CNSX Markets Inc, Review of a Decision, Motion for adjournment, June 12, 2026
Marks v CNSX Markets Inc, 2026 ONCMT 28
In this proceeding, Jack Marks asked the Tribunal to review a decision by CNSX Markets Inc. CNSX had decided that Marks was not suitable to represent a company listed on the Canadian Securities Exchange.
Two weeks before the hearing was scheduled to start, Marks asked to move it to a date four months later. He said he needed more time because he no longer had a lawyer and was now representing himself, had another court hearing to prepare for, wanted to respond to new evidence and arguments from CNSX, and wanted to gather more evidence to support his case.
CNSX was not against the request. The Ontario Securities Commission did not take a position.
The Tribunal decided that the hearing should not be delayed because none of the reasons Marks gave for needing more time were exceptional circumstances.
Even though the deadline had passed, the Tribunal set a hearing date for Marks to ask for permission to bring two motions: a motion allowing him to provide new evidence and a motion seeking additional documents. If Marks decides to bring either or both of those motions, and if the Tribunal gives him permission, it will hear the motions on the same date.