The Ontario Horse Racing Appeal Panel has denied the Canadian Hall of Fame driver’s request to put a stay on his 10-year suspension and $40,000 fine while the penalty is under appeal.

by Melissa Keith

Sylvain Filion and Richard Moreau are both currently serving 10-year suspensions and were each fined $40,000 on Oct. 31, 2024. The penalties were levied in relation to June 10, 2024 out-of-competition testing for Funtime Bayama (p, 3, 1:49.1s; $303,108), who finished second in his June 8, 2024 North America Cup elimination at Woodbine Mohawk Park. The gelding subsequently tested positive for darbepoetin-alfa (DPO), a prohibited blood doping agent.

In a March 7 virtual hearing, Filion and legal representative Jennifer Friedman presented the case for a stay that would have allowed the 56-year-old reinsman to return to driving until his appeal hearing date. Discussion considered whether Filion, not Moreau, was Funtime Bayama’s de facto trainer at the time of the test, which the AGCO (Alcohol and Gaming Commission of Ontario) had determined to have been the case, as reported last week in HRU.

In a decision issued Wednesday (March 19), Filion’s request for a stay was denied.

HRAP chair Stanley Sadinsky considered whether Filion’s appeal met the “three-pronged test” for a stay. In his decision, Sadinsky ruled that Filion met the first criterion for a stay, having reasonable grounds for an appeal, but questioned whether the Canadian Hall of Fame driver would suffer “irreparable harm” if not granted a stay, the second criterion.

“There is no doubt that [Filion’s] financial, reputational and emotional well-being have been adversely affected by the ruling in question,” read the decision. “However, that is a natural consequence of a ruling such as the one in this case. Whether reputational harm in particular can be somewhat alleviated by the granting of a stay as Ms. Friedman submitted, is conjectural.”

Filion’s case did not meet the third criterion of the test for a stay, which Sadinsky noted “requires a balancing of the convenience as between [Filion’s] interests on the one hand and the public interest as represented by the [AGCO registrar] on the other.” He ruled that “protecting public interest and the integrity of racing” outweighed the driver’s concerns.

Sadinsky’s ruling noted that the Filion hearing was “a unique case unlike any other” because Funtime Bayama’s catch driver was being investigated as his actual trainer. Moreau was considered “the trainer of record,” while Filion was “alleged to have performed acts that are ordinarily done by a trainer while he was performing his duties as a catch driver thereby constituting [him] a trainer of the [horse] as well.”

The decision ended Filion’s bid to return to the racetrack as he awaits his appeal hearing.

FILION’S TESTIMONY

When Filion appeared before the Horse Racing Appeal Panel March 7, the four-time O’Brien Driver of the Year stated that his educational background kept him from finding work comparable to his vocation as a driver in Quebec and Ontario.

“I went to school ‘till halfway through Grade 12, then I kind of focused on working with horses,” he told Friedman. “My dad [Yves Filion] had a bunch of horses, so I followed my love for horses and started grooming horses… I always had that feeling that I could connect with horses easier than the next person.”

When Friedman asked Sylvain “in what capacities he’s been licensed,” he replied, “As a driver, mainly.”

Sylvain denied active involvement in training racehorses, stating, “I trained a few horses when I was young. I had my trainer’s license ever since, but I never was active as a trainer, only when I was a young age, 18 to 21, 22.” He said he preferred catch driving, to experience “the thrill of winning races.

“I just wanted to focus on driving horses. I felt that if I would train and drive, I wouldn’t be as good a driver as I should have been.”

The 1999 World Driving Champion said that he had not driven anywhere since his Oct 31 suspension.

Retired horseman Stephane Larocque and Sylvain’s wife Dominic Pare had testified earlier in the March 7 hearing that he would “train” horses in the sense of taking them on-track for fast miles, but he was never the trainer of record for the particular horses. Sylvain himself explained that “in this day and age, if you want to compete as a driver at the top level, you’ve got to earn your spots, earn your relationships with your trainers, so… you do a lot of work with the trainers in the morning, because if you don’t, the guy next to me will, and he’ll steal my spot [as a catch driver].”

Sylvain denied ever being the trainer for Funtime Bayama.

“What I was doing was more or less exercising the horse a few times a week,” he said. “All the rest was under Richard’s care, Richard Moreau.”

Friedman raised the topic of Funtime Bayama’s background. Sylvain said, “He’s a horse that was born and raised on the [Filion family’s Bayama] Farm, and he was kind of a pet for my dad [Yves]. He always liked him since Day One. He likes them all, but this one was a little extra special for him. I don’t know why. Maybe because he knew he was going to be a good horse. So obviously when he got to Toronto, he asked me to exercise him whenever I could, to be a center of advice for him.”

Sylvain said that Yves selected Moreau to train Funtime Bayama because of the family’s long-standing relationship with the 10-time O’Brien Trainer of the Year.

“We’ve known him a long time and I’m good friends with him and he’s the best, the best you can get,” Sylvain said.

Sylvain stated that his duties did not encroach on Moreau’s role as trainer.

“I would jog [Funtime Bayama] once or twice [weekly]… train him two days out, one single,” Sylvain said. “Every time he raced, right after, I would call my dad, tell him how he felt, and we would discuss if he needed vet work, and get some vet work done.”

Friedman asked Sylvain whether he had ever administered DPO to the gelding.

“No,” he replied.

“Did you tell someone to?” she asked.

“Absolutely not,” Sylvain replied. “It could be harmful for the horse. I would never, never, never go there.”

A social media post by Justin Filion, Sylvain’s younger brother, was next displayed on-screen. It read, “Pourquoi il m’arrive rien [Why is nothing happening to me]… I’m ready to cash out.”

Justin was indefinitely suspended on Aug. 16, 2024 for refusing to make a statement to AGCO judges during last year’s Funtime Bayama investigation. Friedman asked Sylvain if he recognized the Facebook post.

“Yes, I’ve seen this before,” Sylvain replied. “It’s my brother. My brother’s under heavy intoxication. He’s on heavy drugs and he’s kind of writing stuff. He thought he was going to die or something.”

Friedman asked him about transcribed notes from an AGCO investigator’s interview with Moreau.

“It seems to, among other things, refer to Justin [Filion] being in touch with a Quebec veterinarian about EPO,” she said. Were you aware of this?”

“No,” Sylvain replied. “I don’t know this vet.”

The suspended driver denied having much contact with his brother during the AGCO investigation.

“We rarely communicate,” said Sylvain, adding that he encouraged Justin to make a statement to the AGCO investigators. “You know, he’s in and out of rehabs. I saw him once in Toronto. He came to see the horse race. That’s it.”

Friedman referred to an exhibit showing a letter of complaint by a former employee of Moreau.

“What does the complaint indicate about Richard, Justin Turcotte, and EPO?” she asked.

“Well, the employee seems to have seen Richard, witnessed Richard and Malik Smith injecting horses with DPO and cobalt… I would never want my name to be beside that,” Sylvain said. “I got so much respect for the game; I would never go close to that.”

Friedman asked about Sylvain’s interview with AGCO inspectors last Aug. 7, the afternoon before his evening Canadian Hall of Fame induction ceremony.

Sylvain said he was unaware that he had become a subject of the Funtime Bayama investigation at the time, and he had spoken without counsel.

“It seemed like they were in contact a lot with [Moreau], and I only seen them once,” Sylvain said. “They never offered me help or whatever… I didn’t feel that I was treated fairly.”

Sylvain said he was also contacted by a private investigator hired by Moreau on Oct. 31.

Friedman asked Sylvain if he had a call with judges to discuss his case or a chance to defend himself after his fine and suspension were imposed.

“None whatsoever,” he replied.

Sylvain’s counsel then asked, “I understand that beginning on Nov. 11 and repeatedly thereafter, you sought a stay from the deputy registrar?”

“Yep,” he answered.

“Why were you making those requests?” asked Friedman.

“Because I felt that it was unfair to me that I couldn’t work, couldn’t make a living,” Sylvain said. “I’ve been doing this for the past 38 years and they decided I couldn’t do it no more, so I wanted the decision to be held until I had the chance to defend myself.”

Asked about two racing news articles that suggested that Sylvain planned to retire for good, the driver told Friedman that the reporting was inaccurate.

“I had a couple of accidents this past year when I was driving, and I was thinking, maybe take the winter off, so I’d be a little fresher when I come back in the spring,” he said, denying any intention to retire. “There’s a few drivers I know that did that for a while: Trevor Ritchie, Steve Condren. They would take the winter off and come back in the spring and have a great summer.”

Letters defending Sylvain were displayed, showing support from horsemen Dr. Ian Moore, Mario Baillargeon, Tony O’Sullivan, Jody Jamieson, Patrick Lachance, Herb Holland, and Bill O’Donnell.

“Why do you think a stay should be given to you?” asked Friedman.

“So, I can get a chance to restore my reputation and go back to work, to earn a living, and give a little faith to my family, and keep my clean record,” Sylvain responded.

Brendan van Niejenhuis, counsel for the registrar, next questioned Sylvain about whether the driver was really unaware that AGCO investigators would want to speak with him about Funtime Bayama last August.

“Well, it was a bit of a surprise,” said Sylvain, adding that he consented to an interview on the afternoon of Aug. 7 because he didn’t think he could reschedule it. “I wanted to comply with the AGCO. I had nothing to hide. I wanted to get it over with.”

Van Niejenhuis countered Sylvain’s claim that a stay was needed to clear his reputation, noting universally positive remarks in the letters of support shown on-screen during the hearing, including one from Ted Smith, a past president of Standardbred Canada.

He asked Sylvain about a “big decision” the driver had alluded to in an interview. “That big decision is whether you will drive again in the future or whether you will actually hang them up and retire, right?”

Sylvain disagreed.

“No, I’ll drive in Ottawa and Three Rivers,” he responded, clarifying that retirement “wasn’t for the near future. I was thinking more four, five, six years down the road.”

Two AGCO investigators in the case, Mike Weber and Brad Capes, did not attend the virtual hearing.

“There was a request to apply for an interim stay, pending their availability, and that was declined,” said Friedman.

Appeal hearing dates for Sylvain and Moreau were yet to be announced as of Thursday (March 20).