TORONTO - A three-judge panel is hearing arguments about why OPP Commissioner Julian Fantino should continue testifying at a disciplinary hearing against two officers.

Fantino's lawyers want the Divisional Court panel to set aside an earlier ruling that the disciplinary proceedings should go ahead.

They want the stay until they can appeal to the courts next month that the adjudicator in the hearings is biased against Fantino.

The officers' lawyer calls the stay action an unprecedented attempt by Fantino to avoid further cross-examination about his handling of their situation.

The lawyer says there's no evidence the adjudicator is biased, and accuses Fantino and his legal team of "cagey chess playing."

If the judges decline to stay the disciplinary hearing, Fantino could be back on the cross-examination hot seat as early as Tuesday morning.