A Calgary man who tunnelled from his apartment to that of his upstairs neighbour last summer has been found guilty of break and enter.
Ben Maize, 47, who was arrested and charged with mischief, and break and enter related to an incident in the summer of 2025, represented himself in a one-day trial.
His upstairs neighbour testified she arrived home on Sept. 5 to find her apartment locked from the inside. She discovered holes in the drywall near her fireplace that led to a tunnel to the unit below.
“She described seeing some dust and debris around her fireplace and she testified that while things had been moved around nothing in her apartment was damaged,” Justice Eric Tolppanen said Monday.
“Inside her apartment he moved the items — a shower curtain, the pantry door and moving the socks and lingerie in her dresser drawers.”
A ladder remained in the hole, connecting the two apartments.
Court heard there was an escalating problem between the two neighbours, but didn’t hear any specifics.
Tolppanen said the crime interfered with the woman’s lawful use and enjoyment of her property.
He said the evidence was largely circumstantial, but the Crown proved 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,” he said.
“Mr. Maize. I find you guilty [of] break and enter and mischief to property in a value not exceeding $5,000.”
Tolppanen entered a stay of proceedings on the mischief charge, meaning Maize, who has been in custody since September, will only face sentencing on one count of break and enter.
A sentencing hearing is expected to be set on Friday.
