The Ontario Racing Commission has released its ruling on the appeal of horseman Kenneth Wayne Hardy

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Kenneth Wayne Hardy (referred to in this instance as 'Hardy') is licensed by the ORC as a driver/trainer/owner for standardbred racehorses. His son, William Glen Hardy (referred to in this instance as 'Glen'), is licensed by the ORC as a driver/trainer/owner for standardbred racehorses.

On Tuesday, January 5, 2010, at Western Fair Raceway, Carolina Song, a standardbred racehorse trained by Glen, was selected for TCO2 testing.

On Thursday, January 7, 2010, laboratory analysis confirmed a TCO2 violation, contrary to Rule 22.38 (a) of the Rules of Standardbred Racing.

On Friday, January 22, 2010, the standardbred judges, following a hearing for Glen, issued the following Standardbred Official Ruling against Glen:

• i. A $1,500 fine;
• ii. A 60-day full suspension (Friday, January 26, 2010 to Friday March 26, 2010).

On Tuesday, February 2, 2010, Hardy requested a trainer transfer for two standardbred racehorses that he owned, Reveneur and Vicky OBrien, for which Glen was the trainer of record.

Policy Directive No. 2-2008 requires judges to take into consideration three factors when making their determination of applications for trainer transfers including: “The degree of closeness of any relationship whether it be fiduciary, employee/employer and/or family in nature. …Final determination of suitability is the sole discretion of the Judges ….. who assess situations on a case by case basis.”

On Friday, February 5, 2010, the judges at Western Fair Raceway issued Standardbred Official Ruling SB 41105, refusing the request by Hardy for the trainer transfer: “For the reason that the judges do not feel that this would constitute an 'arms' length' transfer. Ken Hardy is an immediate family member of Glen Hardy, (father and son), and it is Ken Hardy’s intention to stable these two horses at the same farm that Glen trained at and continues to board his horses at.”

On Tuesday, February 9, 2010, Hardy filed a notice of appeal against this ruling.
On Friday, March 5, 2010, a panel of the ORC consisting of commissioner John Macdonald, was convened to hear this appeal.

Hardy appeared in person at the hearing. Hardy was not represented by either counsel or agent. Anthony Williams appeared as counsel for the administration of the ORC.

Upon reading the exhibits filed and upon hearing the evidence of Richard Harold Rier, acting senior standardbred judge, and upon hearing the submissions of both parties, the panel made the following order:

• i. The appeal by Hardy is denied;
• ii. The trainer transfer application is not approved.

The transcript with the panel’s reasons for decision can be read by on the official copy of the ruling click here.

(With files from the ORC)