I picked up the PS3 Uncaged Edition from the Yonge/Eglinton EB Games for the $5, as advertised. There was a PS3 & Xbox display case by the desk with red price tags that said "$4.89", and the CS guy brought out a copy from behind the counter.
Now, I can't prove anything, but I'm not sure if it was new or used. It had a white price tag of $69.99 on it. It wasn't sealed but it had that circular tape along the opening, like the used games. There were fingerprints on the disc.
For $5, I am so not complaining, but I thought that it might matter to someone if they're getting it as a gift, etc. so I just thought I'd mention it.
But the most important thing is that it plays fine, I've been stabbing people in the brains all day.