On Tuesday, Nov. 3, the Horse Racing Appeal Panel (HRAP) announced that Sylvain Filion withdrew his appeal of Alcohol and Gaming Commission of Ontario (AGCO) Standardbred Official Ruling No. 2893638.

In 2024, the AGCO received a Certificate of Analysis confirming the presence of the non-therapeutic drug darbepoetin alfa (DPO) for the horse Funtime Bayama, collected on June 10, 2024, as part of its Out of Competition Testing Program. DPO is a non-therapeutic, performance-enhancing prohibited substance that adversely affects racehorses and the integrity of racing. 

As a result, trainer Richard Moreau was fined $40,000 and suspended for 10 years, inclusive from July 23, 2024, to July 23, 2034, while the horse's driver, Sylvain Filion, was also fined $40,000 and suspended for 10 years, inclusive from Oct. 31, 2024, to Oct. 31, 2034. As a result of an inspection into the circumstances surrounding the positive test, Filion was found to also have been acting as a trainer of the horse, and thus Filion and Moreau were both held responsible for the presence of DPO in Funtime Bayama. Filion and Moreau each lodged appeals regarding the decision.

Last month, the HRAP released its ruling and reasons for decision on the appeal of Richard Moreau. The Panel varied the penalty to a five-year full suspension with two years and four months being stayed and a monetary penalty of $20,000. The portion of the suspension to be served will terminate on March 22, 2027. Should Moreau have a positive test for a non-therapeutic, Class I or Class II drug during the stayed portion of the suspension, he may be required to serve the stayed portion together with any other penalty that may be imposed. All of the other provisions contained in Standardbred Official Ruling Number 2893588 dated Oct. 31, 2024 remain.

According to the HRAP, Filion withdrew his appeal of AGCO Standardbred Official Ruling No. 2893638 on Oct. 30, 2026.

The official text from the Order is as follows.

HORSE RACING APPEAL PANEL

TORONTO, ONTARIO – NOVEMBER 3, 2026
SB HRAP 05054 2026

ORDER

IN THE MATTER OF THE HORSE RACING LICENCE ACT, S.O. 2015 C. 38 Sched. 9; AND IN THE MATTER OF AN APPEAL BY SYLVAIN FILION OF STANDARDBRED RULING NUMBER 2893638

Date of Issue: November 3, 2026

Horse Racing Appeal Panel (Panel): 
Stanley Sadinsky, K.C., Chair
Dr. John Hayes, Member
John Charalambous, Member

Appellant:
Sylvain Filion

Counsel for the Appellant:
Jennifer Friedman

Counsel for the Registrar:
Brendan van Niejenhuis
Alexandra Heine

Decision:  The Panel acknowledges the withdrawal of the appeal, on consent.

WHEREAS Sylvain Filion (“FILION”) is licensed with the Alcohol and Gaming Commission of Ontario (“Commission”) as an Owner/Driver/Trainer, Licence Number HPK6828;

AND WHEREAS Certificate of Analysis #117913 confirmed the presence of darbepoetin alfa (“DPO”) for the horse “FUNTIME BAYAMA” (tattoo number 1WP27), in a sample collected on June 10, 2024, as part of the Out of Competition Testing Program for the North America Cup;

AND WHEREAS DPO is a prohibited performance enhancing non-therapeutic substance which adversely affects the integrity of racing;

AND WHEREAS the listed trainer of record for FUNTIME BAYAMA on June 10, 2024, was Richard MOREAU;

AND WHEREAS an inspection into the circumstances surrounding the positive test found FILION to have been acting as an actual trainer of FUNTIME BAYAMA pursuant to the criteria outlined in Rule 26.16 of the Rules of Standardbred Racing (“RULES”) and the Judges have determined that both the trainer of record and FILION are actually in charge, custody of and/or in care of FUNTIME BAYAMA; In accordance with Rule 26.05 of the Rules, FILION is hereby held to be responsible for the presence of DPO in FUNTIME BAYAMA, in addition to the trainer of record;

AND WHEREAS FILION is found to have violated Rules 26.02.01, 26.02.02, 26.02.03(a) and (b) of the Rules;

AND WHEREAS in accordance with Rules 4.02(i), 6.04, and 6.49 of the Rules and Policy Directive 1-2018, FILION was fully suspended for a period of 10 years and issued a monetary penalty of $40,000.00 with the suspension to be served from October 31, 2024, to October 31, 2034, inclusive;

AND WHEREAS in accordance with Policy Directive 1-2018, FILION is required to complete the AGCO Equine Medication Use and Awareness Program before reinstatement;

AND WHEREAS all horses owned in whole or in part by FILION are not eligible to race during the above-noted suspension period, in accordance with Rule 6.13.01 of the Rules. Any horses trained by FILION are ineligible to race but may, with the consent of the AGCO Race Officials, be released to another trainer in good standing or sold, in accordance with Rule 26.08 of the Rules and Policy Directive No. 2-2008;

AND WHEREAS in accordance with Rule 6.01(a) of the Rules, FILION is prohibited from accessing association grounds, including the “Winner’s Circle”, with the exception of the grandstand, while his licence is suspended.

AND WHEREAS on November 14, 2024, FILION filed a Notice of Appeal and Notice of Motion requesting a stay (as amended on February 7, 2025), to which the Registrar did not consent;

AND WHEREAS on March 7, 2025, the Panel convened to hear the request for a stay, reserving on its decision;

AND WHEREAS on March 19, 2025, the Panel dismissed the request for a stay;

AND WHEREAS on October 30, 2026, counsel for the Appellant filed a Notice of Request to Withdraw an Appeal to which the Registrar consented;

TAKE NOTICE that the Panel acknowledges the withdrawal of the appeal, on consent.

DATED on this 3rd day of November, 2026.

Stanley Sadinsky, K.C., Chair
Horse Racing Appeal Panel

Dr. John Hayes, Member
Horse Racing Appeal Panel

John Charalambous, Member
Horse Racing Appeal Panel

(Standardbred Canada; with files from CanLII)