Sentence reduced for driver who hit and killed Hamilton conductor Boris Brott

Samantha Beattie · CBC News

· Posted: May 07, 2025 4:00 AM EDT | Last Updated: 10 minutes ago

Ontario's apical tribunal has reduced the situation condemnation for the man liable for the hit-and-run decease of renowned Hamilton conductor Boris Brott. 

Arsenije Lojovic volition service 8 years alternatively of 10 for unsafe driving causing death, failing to stay astatine the country and breach of probation, according to a a caller decision by a three-judge sheet astatine the Court of Appeal for Ontario. 

Brott's household is "disgusted" with the reduction, said his girl Alex Brott successful an email to CBC Hamilton.

"The caller determination by the Court of Appeal to trim his condemnation by 20 per cent is not conscionable disappointing, it's dangerous," she wrote.

"It sends a connection that repetition offenders tin instrumentality lives and inactive beryllium met with leniency. As a family, we are disgusted. As citizens, we are horrified." 

Lojovic had been convicted 2 different times for driving-related offences. 

The Court of Appeal recovered the Hamilton proceedings judge, Justice Frederic Campling, made a mistake erstwhile sentencing Lojovic, who has bipolar upset and was experiencing a manic occurrence erstwhile hitting and sidesplitting Brott.

Campling erred erstwhile he said Lojovic should've known amended than to thrust successful that intelligence authorities and sentenced him to 10 years, said appeal tribunal Justice Lise Favreau, who wrote the April 28 decision. 

"Mr. Lojovic may beryllium self-aware capable to cognize erstwhile a manic occurrence is coming and however to debar harmful behaviour successful specified circumstances, but this does not summation his motivation blameworthiness astatine the clip of the offence," the determination said. 

Arrested aft erratic driving done downtown

Lojovic was successful his aboriginal 30s connected April 5, 2022 erstwhile helium took his mom's car from their location successful Grimsby and drove to Hamilton. He drove erratically, done reddish lights and into oncoming postulation astatine precise precocious speeds passim downtown.

Driving the incorrect mode connected Park Street, Lojovic deed Brott, 78, arsenic helium crossed adjacent his home. Brott was sent flying done the air, landed connected the crushed and died. 

Lojovic didn't stop, but continued driving erratically and excessively fast, astir causing different collision earlier constabulary yet caught up to him, pinning his car betwixt 2 cruisers. When an serviceman reached into Lojovic's car for the keys, Lojovic reversed, dragging the serviceman astir 45 metres.

Lojovic was then arrested and charged. 

'You knew that it was bad': proceedings judge

At Lojovic's trial successful 2023, helium said helium didn't retrieve a batch of what happened and drove away after helium deed Brott because helium was panicking.

His psychiatrist testified Lojovic's behaviour was accordant with being successful a manic state, which included symptoms like increased energy, accelerated thoughts and speech, utmost irritability and acting impulsive. 

The defence argued Lojovic should person a condemnation of 5 oregon six years due to the fact that his bipolar upset made it harder from him to control his behaviour.

The Crown said his condemnation should beryllium 10 years, because he was aware a manic occurrence was coming and knew helium shouldn't drive. Lojovic was charged successful 2009 with impaired driving and successful 2020 for unsafe driving. Both instances occurred erstwhile helium was experiencing manic episodes. 

Campling sided with the Crown connected 10 years including pre-trial custody, but the entreaty court's ruling volition bring his full condemnation down to 8 years. 

Stephen Whitzman represented Lojovic astatine entreaty tribunal and told CBC Hamilton helium hasn't had a accidental to talk to his lawsuit yet, but his household is blessed with the decision. 

He'll beryllium eligible to use for parole successful August, Whitzman said. 

Conviction upheld

Lojovic had besides tried to entreaty his wide conviction, arsenic the proceedings justice had refused to see him not criminally responsible.

"You testified successful your ain defence, and connected your evidence, you knew that you had deed a pedestrian," Campling said successful his 2023 verdict. 

"You knew that it was bad. You were shocked, and truthful you continued driving distant from the scene. That tells maine that you knew what you were doing." 

The entreaty court upheld Lojovic's conviction. 

"It is evident that the proceedings justice dismissed the exertion due to the fact that helium did not see a further appraisal was indispensable to find Mr. Lojovic's transgression responsibility, fixed the grounds helium had already heard astatine trial," the entreaty tribunal determination said. 

Brott was calved successful Montreal and lived successful Hamilton. At the clip of his death, helium was artistic director and a conductor with the Orchestre classique de Montréal, having dedicated his beingness to classical music. 

"His brilliance arsenic a maestro was lone surpassed by his kindness arsenic a man," Hamilton-born histrion Eugene Levy wrote aft Brott's decease successful 2022. "I articulation the satellite of euphony and each Canadians successful mourning the nonaccomplishment of Boris Brott." 

His daughter, Alex, previously told CBC Hamilton helium was "a immense personality" and the "biggest airy successful the room." 

His lad David Brott said helium brought radical unneurotic done music. 

"He was a passionate feline and that passionateness was infectious," helium said.

The Brott family, done Alex, said the alteration successful condemnation shows the court's willingness to "excuse oregon trim accountability nether the banner of intelligence illness, without code the basal issues oregon implementing meaningful safeguards for the public."  

They called for much enactment for radical who commit criminal offences to integrate backmost into society. 

"They are often near with constricted support, bleak employment prospects, inadequate means to reintegrate, conscionable much instability and a higher likelihood of reoffending," Alex said.  "And the remainder of america are expected to carnivore the risk."