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Dispute arose from a $660 unpaid invoice for web development work, leading to over $300,000 in claimed damages.
Central question was whether an enforceable contract existed and whether its terms were breached.
The plaintiff accused the developer of sabotaging its educational software platform and misappropriating control of its website.
Defendant denied wrongdoing and claimed entitlement to unpaid fees, counter-alleging bad faith litigation.
The court examined complex issues of software access, source code control, and AWS infrastructure ownership.
While conversion and breach of fiduciary duty were found, most claims including breach of contract, libel, and negligence were dismissed.
Facts and outcome of the case
Background and parties involved
The case involves a commercial dispute between Clex Solutions Ltd., a startup developing an educational web-based platform (clexstudy.com), and Nicholas Gust, a subcontracted freelance back-end web developer. Clex hired Andrew Buckley as its project manager and scrum master, who in turn retained Gust to handle software development. Clex later sued both Buckley and Gust for damages, alleging contract breaches and misconduct after a billing dispute led to work stoppage. Mr. Buckley did not participate in the litigation, and default judgment was entered against him.
The business relationship and project conflict
Clex was creating a software tool designed to convert student notes into interactive quizzes. After the initial developer exited the project, Gust and front-end developer John Gill were brought in. Gust worked hourly and submitted invoices in early 2020, including a $660 charge (the "March Invoice") that was never paid. After not being paid, Gust stopped work. Clex claimed this amounted to breach of contract and accused Gust of disabling features, sabotaging the website, and rerouting traffic to a message blaming Clex for non-payment.
Legal claims and counterclaims
Clex’s lawsuit included claims for breach of contract, conversion, detinue, negligence, breach of fiduciary duty, intentional interference with economic relations, and libel. Gust denied these allegations and counterclaimed for the unpaid invoice and aggravated damages, asserting the claim was brought in bad faith.
Trial proceedings and core findings
The trial occurred in multiple sessions from October 2023 to November 2024, with judgment issued on June 12, 2025. The court found there was an oral contract between the parties for Gust to provide a demo version of the software, not a fully operational product. The March Invoice was valid, and Gust was entitled to withhold further work until it was paid. Although the court held Gust did redirect the website to the "Uh Oh!" page and accessed backend systems without authorization, this did not constitute breach of contract since the relationship had already ended.
Rulings on key legal issues
The court ruled against Clex on most of its major claims. It found no breach of contract, negligence, libel, or intentional interference. However, Gust’s unauthorized redirection of the site and backend access were found to constitute conversion and breach of fiduciary duty. Clex’s claims for punitive and aggravated damages were rejected. Gust’s counterclaim for the $660 unpaid invoice succeeded, but his request for $100,000 in aggravated damages was denied.
Damages and outcome
Clex was awarded $10,000 total: $2,500 in general damages and $7,500 in special damages for costs incurred trying to restore the site. Gust was awarded $660 for the unpaid invoice. The court reserved the issue of costs for further submissions but indicated that Gust was largely the prevailing party.
Conclusion
The dispute, though stemming from a modest unpaid invoice, raised broader issues of control over digital infrastructure, the duties of subcontracted developers, and project mismanagement in startup contexts. The court emphasized that the absence of written terms complicated the case but ultimately protected Gust from disproportionate liability. The ruling illustrates the commercial risks of informal agreements in technical ventures and underscores the importance of access governance and payment clarity in development contracts.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S215301Practice Area
Corporate & commercial lawAmount
$ 660Winner
DefendantTrial Start Date
28 May 2021