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| John L. Hill |
On April 5, 2022, Arsenije Lojovic took his mother’s car from Grimsby, Ont., and drove recklessly through Hamilton, ignoring traffic signals, driving against oncoming traffic and nearly causing multiple collisions. While driving the wrong way on Park Street, he hit Boris Brott, a pedestrian who died from the impact. Lojovic fled the scene and continued his dangerous
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Brott, an officer of the Order of Canada, was a renowned Canadian conductor and orchestra leader with international respect. He performed on many of the world’s most prestigious stages in the U.S. and Europe. According to the Montreal Gazette, Brott came from Canadian musical royalty, being the son of Alexander and Lotte Brott, who founded the McGill Chamber Orchestra (before it became the OCM). Brott also served as the director of Hamilton’s National Academy Orchestra of Canada and the Brott Music Festival.
While the national press reported on the passing of a renowned maestro, the Hamilton Spectator recounted an earlier court appearance by Lojovic. At that time, Assistant Crown Attorney Richard Monette said Lojovic had been detained under the Mental Health Act on Aug. 2, 2019, and was taken to a hospital in St. Catharines, Ont. He was released the following day and immediately went to an Enterprise car rental, where he rented a cargo van and drove to a park in Grimsby. There were more than 30 people at the park, including children, Monette said, adding that Lojovic drove through a closed gate and into a green space. He was travelling between 20 and 30 kilometres per hour and showed no apparent attempts to stop until he hit a tree and a volleyball net. According to Monette, “Parents had to grab their children and duck out of the way to avoid getting run over by the van.”
When the case involving Brott went to trial, the Crown called several eyewitnesses and police officers to testify. Lojovic also testified, mentioning his bipolar disorder diagnosis and hospital stays in early 2022. He stated he had limited memory of the incident, admitted to hitting the pedestrian, and explained that he fled in panic.
His psychiatrist, Dr. Stephen Webb, testified that Lojovic’s behaviour was consistent with a manic episode, but he had not treated Lojovic since November 2021.
The trial judge found that the driving represented a significant departure from acceptable standards, convicting Lojovic of dangerous driving causing death, failing to remain at the scene and breach of probation.
Following his conviction, defence counsel requested a not criminally responsible (NCR) assessment under s. 672.11 of the Criminal Code. The judge denied the request, noting that the trial already allowed Lojovic to present evidence about his mental state. He concluded there were not enough grounds to believe a formal assessment would change the outcome or establish an NCR defence. The trial judge imposed a 10-year penitentiary sentence.
Lojovic appealed both the conviction and the sentence. The Court of Appeal released its decision on April 28, 2025.
Lojovic appealed the trial judge’s refusal to order an NCR assessment, alleging two errors: (1) the judge incorrectly based the denial on the lateness of the application, and (2) the judge misapplied the legal test for such an assessment.
The appeal court dismissed both arguments and upheld the conviction.
The judge acknowledged that the law allows assessments at any time. However, he denied the application not because of timing, but because he found sufficient evidence from the trial — particularly from Lojovic and his psychiatrist, Dr. Webb — to evaluate the mental state at the time of the offence. The judge concluded that although Lojovic was likely experiencing a manic episode, he still understood his actions and knew they were wrong, thus not meeting the NCR threshold.
The trial judge did not err in law or principle. He appropriately dismissed the NCR assessment request based on a thorough evaluation of the trial evidence, rather than timing, and applied the correct legal test. The conviction appeal was dismissed.
However, Lojovic was successful in having his sentence reduced from 10 years to eight. The Ontario Court of Appeal acknowledged that appellate courts only intervene in sentencing if the sentence is demonstrably unfit or if the judge made a legal error that affected the sentence (R. v. Lacasse, 2015 SCC 64; R. v. Friesen, 2020 SCC 9). However, the court reaffirmed that mental illness could reduce moral blameworthiness when it plays a causal role in the offence (R. v. Perry, 2025 ONCA 241; R. v. Batisse, 2009 ONCA 114; R. v. Ellis, 2013 ONCA 739).
Although the appeal shaved only two years from his sentence, Lojovic ought to be thankful he was tried in a court of law and not by public opinion.
John L. Hill practised and taught prison law until his retirement. He holds a J.D. from Queen’s and an LL.M. in constitutional law from Osgoode Hall. His most recent book, Acts of Darkness (Durvile & UpRoute Books) was released July 1. Hill is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the (True Crime) Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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