This court case is quite interesting and different.
First - Ask yourself and all those ex-CP and ex-AC employee, is that illegal to access the site ?? The answer is NO. So the first basic issue is - it is legal to take information from the site, and it is not 'stealing'.
Second - How you do determine how many times you access the site is 'wrong' ?? There was no rules, no limit to the number of access an employee can take. So second issue is - it is 'acceptable' regardless the number of access.
Third - Its that illegal for that employee to use the information for his own profitable gain, and profitable gain for a third party (i.e. Westjet). The answer is very likely a 'Yes'. So now we can set a base of winning the case in its basic form.
The court should then determine what to charge. Air Canada must show that they were being 'damaged' by this illegal transfer of data. They must justify the so call 'damages' is the correct amount, and must not based on how much the third party (i.e. Westjet) profitied.
The biggest challenge for AC
is to show 'damages'. which actually could review many commerical secrets !! Much worse than lossing the booking data. Interesting to see how far that would go.