Quebec brothers suing eBay over cancelled sneaker sale

xzQuebec'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 Association'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.

It was the first time they'd used the online auction company.

When the brothers signed up for the account, they didn't have the shoes, which they snagged three days later. Bidding started at $750 and quickly spiked to $50,000. One possible buyer later offered $80,000.

The case has been tied up in legal wrangling for more than a year. Lawyers representing eBay have been trying to get out of being sued in Montreal because they are based in California and believe the legal action should be taken in that jurisdiction.

But Quebec's Court of Appeal agreed with a lower court ruling. In March, Quebec Superior Court rejected an initial attempt to have the case tossed.

The brothers are considered consumers in Quebec and as such, are protected under the province's Civil Code.

"The conclusion of the trial judge that they are consumers is well-founded," the appeal court ruling reads.

Lawyers for eBay had argued the brothers do not benefit from that protection because they are akin to merchants. They also argued that a clause in the terms of agreement that users must accept when they join eBay clearly states any action against the company must take place in California.

"But our opinion, and the Court of Appeal supported us, is that our clients are consumers and they have a protection in the Civil Code of Quebec," said Bruno Sasson, a lawyer representing the brothers.

Stikeman Elliott, which represents eBay, said through a spokesperson they could not comment as they had not discussed the matter with their clients.

It's unclear whether they'll appeal any further.

But Sasson declared it a win for Quebecers.

"It's a big victory for consumers in Quebec because they won't have to go across borders to sue big companies with no funds," Sasson said.

Sasson said it's unclear when the actual case involving the shoes will actually go before a judge.

"(So far) it's more a question of laws than facts, but the actual case hasn't gotten far," Sasson said.

He estimates it might take a year or two for the case to be heard on its merits.

Meanwhile, the shoes in question are safely stowed at a Montreal law office.

lundi 11 novembre 2013 08:19

Mobile shopping apps

3 ways you're throwing money away

How common financial decisions like buying a house or car can go terribly wrong.
You aren't a dimwit. You're just stressed.

According to a recent study published in Science magazine, if you're poor and mismanage your money, you may be very capable of making good financial decisions. But you're trapped in a vicious circle:牛栏奶粉最新事件2013

The inevitable problems that come with being poor are likely affecting your judgment, which means you're making bad decisions, which end up making you even more poor.
With that in mind, if you're financially struggling – or know someone who is – here are three ways people end up throwing money away when making common financial decisions: buying a house, buying a car and investing in a retirement plan. They're all generally good ideas, of course, but just because you're doing something smart doesn't mean you're doing it right.

Mobile shopping apps

Mobile shopping apps
Stretching to take out a mortgage

Few personal finance experts will say it's stupid to buy a house – but they will tell you that you can buy one too early in life, before you're financially ready. Many people also buy too big of a house牛栏奶粉召回.

"I can't tell you how many people I've seen get swept up in the romantic notion that they need to own a home or that they need to own a more expensive home, only to later regret it when they end up with a beautiful place but no money," says Scott Halliwell, a certified financial planner with USAA, a national financial services company based in San Antonio that mostly serves military members and their families.

Halliwell says too many people try to buy a house before they've learned to budget. These red flags, he says, should alert you that you aren't financially ready: if you don't yet have an emergency fund, you can't save up for a sizable down payment (20 percent is standard) or you're trying to find another way to buy a house, such as taking on a high interest rate in place of having that down payment.

He has a point, especially considering that a house comes not only with a monthly mortgage that you'll likely be paying for the next 30 years – but also homeowners insurance, yard maintenance, appliances and furniture to buy and the inevitable home repairs. Most lenders say your house payment shouldn't be more than 30 percent of your income, so if you're searching for a way to buy a house that is going to be, say, 40 or 50 percent of your income, you might want to do some serious reconsidering.

Halliwell adds: "We always talk about how much money someone can save if they just stop drinking fancy coffee. The truth is, coffee doesn't do anywhere near the damage this move can時尚男裝."

jeudi 10 octobre 2013 04:42

Christchurch Cathedral Square will once again open to the public

It will be officially released from the rebuild cordon on Saturday, marked by an official ceremony and celebrations.

"We can now start thinking inside the square," says Mayor Bob Parker, "and restoring it as a focal point of activity."


The transitional square project, being launched on Saturday, will see the square transformed with art installations, new seating and performance space.

It will have new public facilities installed and be regenerated with plants and vegetation.


"It is important we set the right tone in creating a welcoming area that represents the history of the square and that is sympathetic to the scale of the disaster and the rebuild job ahead," Mr Parker said.

Christchurch and Canterbury Tourism chief executive Tim Hunter says the reopening of the traditional heart of the city is a major step forward for the city's recovery and should give people further confidence to come back and visit.


On Sunday, the first fully restored building at Christchurch's Arts Centre - the Registry - will re-open to the public.

The Arts Centre encompasses 23 heritage buildings constructed in the Gothic Revival style.


mardi 09 juillet 2013 09:31 , dans News

Stripping the title Sir Doug

Graham and three other directors of Lombard Finance on Thursday lost their appeal against conviction for making untrue statements.

The Supreme Court is their last resort, but so far neither Graham nor his fellow directors have announced their intentions.

Mr Key says he is taking advice about stripping Graham of his knighthood, but his comments indicate he would be reluctant to take what he describes as "a very big step".

He says Graham was given the knighthood for his outstanding work with treaty settlements and believes New Zealanders would want him to think very carefully about that.

There is speculation that if Graham goes to the Supreme Court and loses, he may voluntarily surrender his knighthood.

The Court of Appeal has deferred a decision on whether Graham, Bill Jeffries, Lawrie Bryant and Michael Reeves should be given stiffer sentences than those handed down by the High Court in March.

They could be sentenced to home detention - all four have large houses where they could serve it.

They were convicted in February last year of making untrue statements in investment documents and advertisements in late 2007 and early 2008 relating to the collapsed finance company.

Graham and Bryant were each sentenced to 300 hours community service and were required to pay $100,000 each in reparation, while Jeffries and former executive director Reeves were sentenced to 400 hours community service.

The justices, in the decision released on Thursday, backed a High Court judgment which found the directors had serious concerns about the company's liquidity but did not sufficiently convey to investors the vulnerable state the company was in.

It also indicated their sentences are likely to be beefed up.

"We are satisfied that the sentences imposed on each of the respondent directors were manifestly inadequate," they said.

Around 4400 Lombard Finance investors were owed $127 million at the time of the receivership in April 2008.

vendredi 31 mai 2013 11:11

Mining Minister of transportation Anthony Fox

WASHINGTON — President Barack Obama on Monday will nominate Charlotte, N.C., Mayor Anthony Foxx as his new transportation secretary, a White House official said Sunday.

If confirmed by the Senate, Foxx would replace outgoing Secretary Ray LaHood.

Foxx is Obama's first black nominee among the new Cabinet members appointed for the second term. The president faced criticism early in his second term for a lack of diversity among his nominees gift & premium.

The official insisted on anonymity to avoid public discussion of the pick before the official announcement.

Gallery: Obama's Cabinet

The official noted that Foxx has led efforts to improve his city's transit infrastructure to expand economic opportunity for businesses and workers. During Foxx's term as mayor, Charlotte has broken ground on several important transportation projects, including the Charlotte Streetcar Project to bring modern electric tram service to the city as well as a third parallel runway at Charlotte/Douglas International Airport. The city has also moved to extend the LYNX light rail system to the University of North Carolina at Charlotte, the official said.

If confirmed by the Senate, Foxx would take over a department that has been at the center of Washington's debate over the impact of the so-called sequester cuts. The automatic cuts resulted in furloughs for air traffic controllers that helped cause delays at many airports hong kong gifts and premium.

Congress reached a deal last week to provide the Transportation Department flexibility that allowed it to end the air traffic controller furloughs.

Foxx, an attorney who has worked in several positions with the federal government, was first elected mayor in 2009. He raised his national profile last year when Charlotte played host to the Democratic Party's convention gift and premium fair.

He also served as a member of the Charlotte City Council.

mardi 30 avril 2013 08:37 , dans News


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