Calgary man found guilty of tunnelling into upstairs neighbour’s apartment
A Calgary man, Ben Maize, 47, has been found guilty of break and enter after tunneling from his apartment into the residence of his upstairs neighbour last summer. The incident, which occurred in the summer of 2025, led to Maize’s arrest and initial charges of both mischief and break and enter.
Tunnel to Neighbor’s Apartment
The neighbour testified that she returned home on September 5th to find her apartment locked from the inside. Upon investigation, she discovered holes in the drywall near her fireplace, revealing a tunnel leading to the unit below. Justice Eric Tolppanen noted that while items within the apartment had been moved, no damage was reported.
Evidence Presented at Trial
The court heard evidence of an escalating issue between the two neighbours, though specific details were not disclosed. Justice Tolppanen stated the evidence presented was largely circumstantial, but sufficient to prove the Crown’s case. He highlighted that Maize moved items within the neighbour’s apartment, including a shower curtain, a pantry door, and personal clothing items.
Tolppanen determined that Maize’s actions interfered with the neighbour’s lawful use and enjoyment of her property. He found Maize guilty of both break and enter and mischief to property valued at under $5,000.
Current Status and Potential Next Steps
However, a stay of proceedings was entered on the mischief charge. This means Maize, who has been in custody since September, will now only face sentencing on the break and enter charge. A sentencing hearing is anticipated to be scheduled on Friday. The sentencing hearing will involve arguments regarding the circumstances of the offence and Maize’s time in custody.
The outcome of the sentencing hearing could range from a conditional sentence to a period of incarceration, depending on the judge’s assessment of the case. Analysts expect the judge to consider the unusual nature of the offence and the lack of significant damage to the property.
Frequently Asked Questions
What was Ben Maize charged with initially?
Ben Maize was initially charged with both mischief and break and enter.
What did the neighbour find when she returned home?
The neighbour found her apartment locked from the inside and discovered holes in the drywall near her fireplace leading to a tunnel.
What is the current status of the mischief charge?
A stay of proceedings has been entered on the mischief charge, meaning Maize will not be sentenced for that offence.
What factors might influence the judge’s decision during the sentencing hearing?