TORONTO - Ontario's top court has agreed to hear the province's top cop argue an adjudicator is biased against him.

Two previous court decisions have gone against provincial police Commissioner Julian Fantino.

He wants retired judge Leonard Montgomery thrown off a disciplinary case against two senior officers.

No dates have been set but the court did direct the appeal to be expedited.

Fantino's lawyer says he will now seek a stay of the discplinary hearing pending the appeal, possibly as early as this week.

Fantino was under cross-examination last fall when his lawyer accused Montgomery of bias, bringing the proceedings to an abrupt halt.