The case of 700 fishers fighting to appeal capital gains taxes charged on their fish licence buyout packages 10 years ago is still on track according to the St. John's lawyer representing the fishers.

Eli Baker said there is absolutely no truth to any rumors that have been circulating among fishers about the case having been thrown out.

Mr. Baker said both sides have submitted documents to the court on how they feel the case should be handled. He said as the holiday season approaches, it looks less and less likely that anything will happen before the end of the year.

He still believes the case will be heard before a judge sometime in 2010.

"I have no intention in abandoning this claim. The only way this will be over is to have a judge tell us it's over, and we haven't had that yet," said Mr. Baker.

Fishers from all over Atlantic Canada who accepted a licence buyout in 1999 feel they were unfairly charged capital gains taxes on their buyout money. The tax clawed back nearly half the buyout money in some cases.

Fishers who accepted buyouts before and after 1999 were not subject to the same taxation. A small group of fishers who challenged the tax settled out of court for an undisclosed amount.

reporter@gulfnews.ca