Judge orders eBay to pay Montrealers $86,700 after cancelling sneaker auction

MONTREAL - A judge has ordered eBay to pay two Montreal brothers more than $86,000 after the online auction giant took down their advertisement for a pair of highly prized Nike sneakers.

Kevin Mofo Moko and Sandrin Thierry Mofo Moko received a $98,000 offer for a pair of Nike "Air Foamposite Galaxy 1" sneakers they auctioned on eBay in February 2012 after paying $320 for the shoes from a Montreal vendor.

Two hours before the auction's deadline, however, eBay took down the ad from its online platform.

The brothers said eBay informed them there was a problem with their ad and the auction had to be cancelled.

Sandrin Thierry said an eBay employee told him by phone he could re-upload the sneaker advertisement and call for a new round of offers, which he did.

He decided to take down the ad before the end of the second auction, however, because he realized that in order to sue the company for damages, he had better keep the pair of shoes.

The brothers argued in court that eBay unilaterally ended their contract, while the auction company said the Montrealers violated certain clauses of the site's user agreement.

Superior Court Justice Chantal Corriveau ruled at the end of September the brothers broke no rules and held eBay responsible for $86,700 in damages.

EBay Canada has 30 days to appeal the ruling.


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