A Calgary man has been found guilty of break and enter after tunnelling into his upstairs neighbour’s apartment last summer. Ben Maize, 47, was arrested and charged following an incident in the summer of 2025.
Neighbour Discovers Tunnel
The neighbour testified that she found her apartment locked from the inside on September 5th. She discovered holes in the drywall near her fireplace, revealing a tunnel leading from the unit below. Justice Eric Tolppanen stated the neighbour described finding “dust and debris” but reported no items were damaged, though some had been moved.
Evidence presented in the one-day trial indicated Maize had moved items within the upstairs apartment, including a shower curtain, a pantry door, and clothing from dresser drawers. A ladder remained in place, connecting the two apartments via the tunnel.
Guilty Verdict and Next Steps
Justice Tolppanen determined the crime interfered with the neighbour’s right to peaceful enjoyment of her property. While acknowledging the evidence was largely circumstantial, he stated the Crown had proven its case. Maize was found guilty of both break and enter and mischief to property valued at not more than $5,000.
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 scheduled to be set on Friday.
Frequently Asked Questions
What specific actions led to the guilty verdict?
The guilty verdict was based on evidence showing Maize tunnelled into his neighbour’s apartment and moved items inside, interfering with her lawful use of the property.
Was any damage reported to the upstairs apartment?
The neighbour testified that while items had been moved around, nothing in her apartment was damaged.
What is a “stay of proceedings”?
A stay of proceedings on the mischief charge means Maize will not be prosecuted for that specific offence, and will only be sentenced on the break and enter charge.
How do you think the unusual nature of this case will influence the sentencing phase?
