What "facts" have you seen? I put it to you that the only "facts" that you, or I for that matter, are privy to are the ones reported in the newspaper's...
We all know how accurate newspapers are with respect to aviation...
WestJet's position is that they used information obtainable by a variety of sources - all legal - in the day to day operation of our Airline.
Air Canada's position is that they have suffered harm in a monetary sense and seek compensation.
Air Canada, however, neglects to spell out the damages by allowing the court to see documented evidence of the damages... By showing the books, by providing evidence of the damage and putting a dollar cost to it, the case would be over.
However it is not in the best interest of Air Canada to end the case. By trotting out press releases they can harm our reputation and attempt to undermine our morale with impunity by adding the tag line- "None of the accusations have been proven in court".