Calgary (Rajeev Sharma): A Calgary man who dug a tunnel from his apartment into the unit of his upstairs neighbour last summer has been found guilty of break and enter following a one-day trial.
Ben Maize, 47, was arrested and charged with mischief and break and enter in connection with the unusual incident, which came to light in September 2025. Maize represented himself during the trial.
According to court testimony, the woman who lived in the apartment above Maize returned home on Sept. 5 to find her unit locked from the inside. Upon entering, she noticed holes in the drywall near her fireplace, which led to a tunnel connecting her apartment to the unit below.
Justice Eric Tolppanen said the complainant testified that dust and debris were scattered around the fireplace area, and while items in her apartment had been moved, nothing was damaged. The court heard that a shower curtain and pantry door had been shifted, and socks and lingerie in dresser drawers had been disturbed. A ladder was still positioned in the hole linking the two apartments.
Police previously indicated there had been an escalating dispute between the two neighbours, though no specific details of the conflict were presented during the trial.
Justice Tolppanen ruled that the actions interfered with the woman’s lawful use and enjoyment of her home. While much of the evidence was circumstantial, he said the Crown had successfully proven its case.
“Not only is there no contrary evidence, but the finding of this intention is supported by the actual mischief that was carried out,” Tolppanen said in delivering his verdict.
The judge found Maize guilty of break and enter and mischief under $5,000. However, a stay of proceedings was entered on the mischief charge, meaning Maize will be sentenced only on the break and enter conviction.
Maize has been in custody since September, and a sentencing hearing is expected to be scheduled on Friday.
