Construction mogul Tony Accurso has yet another legal challenge to avoid testifying before the Charbonneau commission.

Accurso was subpoenaed a year ago and has waged a series of so-far unsuccessful legal battles to prevent his appearing before the inquiry into corruption in the construction industry.

Accurso maintains that because he is charged with multiple counts of corruption and fraud, being forced to talk in front of the commission could lead to self-incrimination.

On April 10 the Supreme Court of Canada refused to hear Accurso's case, but that prompted another series of challenges based on different aspects of law.

Quebec's Superior Court refused the request to quash the subpoena on May 1, but on May 30 a Court of Appeal court judge agreed to heard the case.

The Judge said he will would hear a case based on whether his case has merit and should be heard at a lower level court.

A date for this hearing has yet to be scheduled.

But by agreeing to hear the case, the Appeal Court judge may have allowed Accurso to avoid the inquiry.

The Charbonneau commission will hear from witnesses for another three weeks and then take a break from public hearings for the summer.

When the commission sits again in September it will be to hear recommendations on how to alter business and government practices to stop corruption -- while Accurso's first criminal cases are set to begin preliminary hearings in November.