Can I sue a Canadian for fraud????

What is the name of your state?What is the name of your state? Florida

Here is my situation. I purchased a golf club on eBay. When I won, I paid the auction price, shipping and shipping insurance. The club was then shipped. After 7 days, I received the club. It was sent via UPS ground. When the driver dropped it off, I brought it inside and went to open it. That is when I noticed the top being partially opened. By the time I went back outside to catch the driver, he was gone. I fully opened the box and all that was in the box was the head cover and the golf club. Problem was, the golf club was snapped in two, right above the middle. I then sent an email to the seller and then filed a claim with UPS. They came out and picked the club up 1 1/2 days later for inspection. When they picked it up, I checked online and it said the package was damaged during shipping and it was sent back to the seller. I was also told the insurance claim had to the done by the seller. I informed him of this and he did. I then received an email back stating that the insurance company refused the claim due to poor packaging. He then said that he would send me a replacement club if he received one on his next shipment, and if he didn't get another identical club, that he would refund my money. Well after many emails, he finally gets back to me (about two weeks after club arrived to his shipping depot) saying that he hadn't picked it up yet. Well that was the last I heard from him. I tried to settle through the online mediation and had no response. I then filed a negative feedback and he replied to that with, "Buyer tried to scam me - returned a different club than the one that I shipped!!". Well I am now trying to get all of his information together to have a suit filed. The only information that I was able to get from him, was when the club was shipped it came under a different name and was sent from Point Roberts, WA. I then tried to get his information and he would never give it to me. I then proceeded to get what I could from eBay and it told me that he lived in North Vancouver, BC. Where do I go from here??? What are my rights??? Do I sue the person that sold me the club, or the person that shipped it??? HELP!!!!!

"Where do I go from here???"
*** Court??

"What are my rights???"
*** You have the right to get what you paid for.

"Do I sue the person that sold me the club, or the person that shipped it???"
*** Normally, you would name both of them in your suit. However, the problem comes on how do you serve notice of your Washington suit against a Defendant who lives in Canada.
From the US State Department:
"No foreign diplomatic, consular or law enforcement officer may carry out service in Canadian territory without the consent of the Government of Canada. As a result, Canada has traditionally required that either Canadian public officials, the sheriff (in Quebec, the huissier) of the appropriate judicial district, or private process-servers retained by a party to the litigation effect the required service. Also, formal service of American legal documents in Canada does not per se require the recognition or enforcement in Canada of any ensuing judgment, decree or order that an American court may render."
Simply, that means that it will likely be far more expensive then its worth to pursue against the 'foreign' individual.

This then forces you to consider limiting your action against the US shipper.... and not a strong position to be in as he can easily claim no contractual obligaion or link to you and that he was just 'doing a favor' for a friend.

Most people who get burned in an ebay or other online transaction very quickly realize that it is simply not worth pursuing the litigation when they realize the cost and ordeal ahead. Your situation is even further compounded by the foreign aspect.... making it even less 'attractive'.

So, how much $$ are we talking about.... and how much are you willing to spend on this problem??