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(CHARLOTTE HELSTON - REPORTER / iNFOnews.ca)

A Kelowna tech entrepreneur has won a legal battle to evict his ex-girlfriend who is currently living in the basement of their 7,000 square foot home.

Multimillionaire Lance Priebe – who co-founded the hugely popular children's online game Club Penguin, and founded video game and software development company Hyper Hippo – headed to the Supreme Court to overturn an earlier agreement with his former partner, Alicia Ann Baker.

In the November 2020 agreement, the couple agreed Baker could keep living in their Kelowna home after they'd separated, but with her sharing use of the kitchen, and just using two rooms and the fridge in the basement.

B.C. Supreme Court Justice Leslie Muir seemed to have no difficulty in deciding whether Baker should stay or go.

"There is no rational reason why (Baker) should continue to live in the residence," Justice Muir said in the Feb. 28 decision. "Given she has been paid $1.9 million towards her interest in the family assets, she can clearly afford to live elsewhere."

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According to the decision, much of the evidence presented by each side is disputed, however, the couple does agree that when they met, Priebe was worth $50 million and Baker $62,000.

The couple then signed a legal agreement that they would keep their finances apart, but if they separated Priebe would pay Baker a lump sum of $250,000 plus $500,000 for each year they lived together.

Baker says they started living together in the spring of 2014, while Priebe says it was one year later.

The couple even disagree on when they separated, with Priebe saying it was March 2020 and Baker January 2021.

According to the decision, Baker argues she is entitled to live in the house, and not just in her rooms in the basement but also the entire living area of the second floor and the deck.

The 7,000 square foot home, sits on a 50-acre site and was built by Priebe in 2011. His father and step-mom live in the house next door.

The court documents reveal a less than harmonious living situation.

Priebe claimed Baker told his 13-year-old son that she hoped his siblings, and his mother would die in a helicopter crash during a trip they were taking that day.

Baker denied ever saying such a thing.

"Conflicts have arisen since the parties’ separation, including an incident in which (Priebe) alleges the (Baker) stole his laptop and hid it in the trunk of her vehicle, an incident in which (Baker) claims the (Priebe) attempted to or did push her down the stairs," the decision said.

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The couple also regularly fought over buying and then throwing away food. The police had been called on several occasions.

"There was a theft of golf clubs and bicycles from the garage in December 2021. The children were concerned and asked for locks to be installed on their bedroom doors. In addition, (Priebe) had security cameras installed," the decision read. "(Baker) objected to the security cameras as an invasion of her privacy and she apparently damaged the front door camera and forcibly removed one other camera."

In one incident, Baker and a male friend were seen on a security camera searching through Priebe's bedroom and bathroom and removing another security camera.

Baker doesn't deny doing this but said it was an isolated incident and she was looking for a cat.

Priebe argued that Baker living there has interfered with his children’s relationship with their extended family and he's unable to have friends and family over to the house.

He said the situation is causing unnecessary stress on his two children that live there.

"(Priebe) argues that the escalation in family violence evidenced by the trespass to his bedroom, the removal of cameras and the other matters set out above, along with the psychological harm to the children, is sufficient to establish that the continued sharing of the residence is a practical impossibility," the Justice said.

Priebe offered Baker an extra $60,00 to assist her in moving out.

Baker disputed much of the evidence put forward by Priebe and argued the house is not his main home as he mainly lives at Big White.

She also alleged poor behaviour on his part.

Baker said he turned the power off when she had friends over for Thanksgiving. She said he turned off the hot tub, sauna and hot water, and refused to heat the pool. He also disconnected the surround sound system in the home.

She claimed he refused to do any snow removal and changed the locks and security codes leaving her to use to dog's door to get into the house.

Baker said she does plan to leave the home, once their litigation is finalized, but to leave now would cause her hardship.

"She says she is a U.S. citizen... (and) has no family in Kelowna. She says she is being forced to live off of her capital and that she has been unable to obtain an appropriate rental unit because of her lack of credit rating, employment, income and references," the Justice said.

The decision said Priebe has paid Baker $1.9 million under their agreement, and he is now worth $52 million and she is worth $2.3 million.

On weighing the evidence the Justice came to what appears to be an easy decision.

"There was no scenario presented to me that would ever result in (Baker) being given title to the residence," Justice Muir said. "Although (Baker) argues that it would ... (be) a hardship on her to force her to leave what has been her home since at least 2015, the reality is that she will have to do so at some point... her concerns about having no references and lacking a credit rating can surely be resolved, as they inevitably will have to be."

With that, the Justice gave her until March 31 to leave the house and ordered Priebe to give her $60,000 to help her do so.

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