Signed, Sealed … Misrepresented? A Blue Jays Memorabilia Cautionary Tale
Insight By
With the Blue Jays in the World Series for the first time in 32 years, there is a lot of excitement around our office and across the country.
Everyone wants to take home a piece of the action, and the market for Blue Jays merch is through the SkyDome (yes, SkyDome) roof. Any memorabilia signed by a player is being snapped up immediately.
But what happens if the signed item you thought you were getting turns out to be not exactly what you thought it was?
This exact issue was discussed in a 2018 British Columbia case called Brown v Squire which dealt with a bat and ball purportedly signed by the members of the 1992 Blue Jays. Mr. Squire had put the items up for sale on eBay, advertising that they came with a Certificate of Authenticity from Argus Sports Marketing. Mr. Brown purchased them for $2,600 (USD), but not before expressing that he had not heard of Argus.
When he received the bat and ball, he had them examined by another company, and was told that the signatures were not authentic because they were “clubhouse” autographs made by a clubhouse attendant rather than the actual players. Mr. Brown brought an application at the Civil Resolution Tribunal alleging fraudulent misrepresentation and negligent misrepresentation.
At the hearing, Mr. Squire testified that he owned a sports memorabilia store, and had sold many items authenticated by Argus and had never previously received a complaint about their authenticity. He believed that the autographs were authentic.
The Tribunal reviewed what needs to be proven when alleging fraudulent or negligent misrepresentation, and held that Mr. Brown had not proven that Mr. Squire had done anything wrong. Because Mr. Squire had previously sold many sports items certified by Argus without issue, he had not negligently or fraudulently misrepresented their authenticity in the advertisement. Mr. Brown’s claim was dismissed.
So, if you’re in the market for signed merch, make sure you complete your due diligence before you buy. Let’s Go Blue Jays!
