Appeal court finds in favour of brothers suing eBay over a pair of pricey shoes

MONTREAL - Quebec's appeal court has ruled in favour of two brothers who were trying to sue eBay for stopping their auction of a pair of rare basketball shoes they maintain would have fetched them a tidy sum.

Brothers Kevin and Thierry Mofo Moko claim they lost big when eBay Canada cancelled an auction of a pair of rare Nike shoes the brothers had obtained and were trying to sell.

A Quebec Court of Appeal ruling dated Friday found in their favour and the brothers' lawyer hopes it paves the way for the case to be heard fully.

The shoes in question are a pair of Nike Foamposite One Galaxy running shoes which they bought in February 2012 for $316, including taxes.

The shoes were purchased at a store in Montreal and are one of an unknown number produced and sold in a handful of locations. The shoe was created to mark the 2012 National Basketball League's all-star game.

The brothers have said bidding on the shoes was up to $96,750 when the online giant decided to pull the plug just hours into the auction. They argue they would never be able to fetch that amount now. ...

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This may tie into some other action regarding ebay ToS/lawsuit/venue/jurisdiction issues from the Canadian courts:

Quebec court says no to eBay's online contract: Geist