TORONTO - Ontario Provincial Police Commissioner Julian Fantino is still trying to have an adjudicator tossed from hearing a disciplinary case.

His lawyer says Fantino wants the province's top court to hear his claim the adjudicator he appointed is biased against him.

Retired Justice Leonard Montgomery refused to step down from hearing the case involving two senior police officers Fantino charged with misconduct.

On Tuesday, the Divisional Court sided with Montgomery and rejected the bias complaint, the second such ruling against the commissioner.

Fantino's lawyer Tom Curry says he will ask the Ontario Court of Appeal to hear the case.

He also says he will seek to have the discipline hearing where Fantino was under cross-examination put on hold until the court decides.