TORONTO - Ontario's highest court says former theatre mogul Garth Drabinsky must remain behind bars while he tries to appeal his fraud convictions.

Drabinsky went to the Ontario Court of Appeal seeking his release while he awaits word if the Supreme Court of Canada will hear his case.

The Court of Appeal last month refused to overturn Drabinsky's two fraud convictions and his lawyers are now questioning whether legal errors were made in that appeal.

Drabinsky and his business partner Myron Gottlieb were each convicted in 2009 on two counts of fraud related to Livent Inc., the famous theatre company they founded.

They were imprisoned in mid-September after an Appeal Court panel upheld their convictions.

Their sentences, however, were trimmed with Drabinsky facing five years in prison and Gottlieb four.