Calgary man found guilty after tunneling into upstairs neighbour’s apartment

A Calgary man who tunnelled from his apartment into his upstairs neighbour’s place last summer has been found guilty of break and enter on Monday.

Ben Maize, 47, who represented himself in a one-day trial, was arrested and charged with mischief, and break and enter related to an incident in the summer of 2025.

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.

“Inside her apartment, he moved the items — a shower curtain, the pantry door and moving the socks and lingerie in her dresser drawers.”

Court heard there was an escalating problem between the two neighbours but didn’t hear any specifics.

“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.

Officers at the time said the victim reported ongoing issues with a downstairs neighbour that had intensified in recent weeks before coming home and finding “significant disturbances” in her unit — including a large hole in the floor — even though her door was locked.

A ladder remained in the hole, connecting the two apartments.

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.