In connection with the sale of the taxpayer's business to an arm's length corporation, it was agreed that refillable cylinders would be rented by the taxpayer to the purchaser at, what was found on the evidence to be, a market rate of rent, and that over the subsequent five years, 1/5 of the cylinders would be purchased each year by the purchaser for a stipulated amount.
In accepting the form of the rental agreement, and rejecting the position of the Crown that the taxpayer had disposed of the cylinders on the date of entering into the sale agreement, Reed, J. indicated that the jurisprudence only found there to be a disposition or acquisition of depreciable property, in circumstances where title had not passed, where all the incidents of title had passed except those retained for the purpose of securing payment of the balance of the purchase price. Here, it was the evident intention of the parties that there be an agreement for the rental of the cylinders until such time as they were purchased, and that there is no question of property in the cylinders being retained as security for payment of the purchase price.