Wotherspoon World Industries (WWI) is one of Canada's largest stock photography businesses. WWI supplies cutting-edge digital photographs to advertisers, magazines, newspapers, journals, book publishers, businesses, and governments across Canada. WWI typically retains copyright in its photographs and grants each entity a nonexclusive licence for specific uses of the images. WWI employs a number of salespeople who have access to WWI's detailed and comprehensive customer list. WWI guards this secret customer list very closely. However, WWI does not have a confidentiality clause in its contracts with its salespeople. WWI believes that it can build better trust and loyalty with its salespeople by not using formal contracts. Recently, WWI learned that one of its former salespeople had opened a business in direct competition with WWI and that the salesperson was soliciting the business of all of WWI's customers. When WWI checked its electronic records, it learned that the former salesperson had viewed and printed a copy of WWI's customer list the day before he quit. WWI believes that the salesperson took a copy of the confidential customer list. What must WWI show in order to succeed in a claim against the former salesperson? Does it make a difference if the salesperson did not actually take a copy of the customer list but instead merely recalled customers and contacts from memory?