TORONTO - Ontario's top cop, Julian Fantino, has lost his bid to have an adjudicator thrown off a messy disciplinary case.

A three-member Divisional Court panel found the provincial police commissioner's claim that the adjudicator is biased against him does not hold water.

The court says the adjudicator is a professional who understands his responsibility to be fair and impartial.

It was Fantino's second failed attempt to get the courts to force Leonard Montgomery to step aside from the hearing.

The long-running disciplinary case involves two senior members of the provincial police force who were charged with misconduct under the Police Act by Fantino.

Their lawyer maintains Fantino was being petty and vindictive in laying the charges -- accusations the commissioner has dismissed.