The Quebec Court of Appeal has ruled that eBay had every right to shut down the sale of a pair of limited edition Nikes that were put up by a pair of Montreal brothers and going for $98,000 at one point in 2012.
Montreal brothers Kevin and Sandrin Thierry Mofo Moko originally won their court case in 2016 when a judge ruled that eBay unilaterally ended the contract without a valid reason.
eBay cited red flags and possible fraud when it pulled the sale of the Nike Air Foamposite Galaxy 1 sneakers.They originally cost $320.
But in a unanimous decision, the appeal court judges overturned the original ruling, saying eBay had the right to act and to protect its website and users from potential fraudulent activity, adding that there was no guarantee the brothers would have been paid that huge amount.
The court of appeal agreed with eBay's motives, concluding it wasn't being abusive or unreasonable since it had an interest to protect its users and platform.
Lawyer for the brothers Frédéric Allali told CJAD 800 the ruling sends the message that eBay can do what it wants with any sale.
"That in the name of keeping the system going and the stability of the platform but maybe in violation sometimes, in the future, of individual's rights," said Allali.
Allali said they likely will not appeal.
"Although eBay is just a platform giving access to transactions between two private parties. eBay has a large discretion," said Allali.
"I guess what the judgement is saying is that, if you decide to go onto eBay, you have to know this is a possibility and that's part of the game."