Case Overview:
Plaintiff Linda Bowman led a class action against Kimberly-Clark entities, alleging their flushable wipes were contaminated. Bowman initially requested non-party retailers, including Loblaws and Shoppers Drug Mart, to produce customer contact data for notifying class members. This request was later withdrawn due to an agreement with Kimberly-Clark.

Legal Issues:
The court examined:

1. Whether the non-party retailers should recover costs incurred responding to Bowman’s now-abandoned application.
2. If British Columbia’s costs framework allowed for full indemnity, which generally applies in Ontario but not in British Columbia.

Arguments:
The retailers argued for cost recovery, citing legal precedent allowing non-parties to claim expenses under Rule 7-1(18) when applications against them are abandoned. Bowman contended that only standard or special costs were permitted, not full indemnity.

Court Decision:
Justice Matthews ruled that non-party retailers were entitled to their costs at Scale B (a moderate scale) rather than full indemnity. The court noted that while class actions promote access to justice, non-parties should not bear expenses from discontinued applications. Bowman was ordered to pay the costs to the non-party retailers immediately, though no exact amount was specified.