If you were the judge?

Carlotta is an amazing secretary at the prestigious Gino's law firm. One day, she has a fight with her boyfriend Simon. To get even with Carlotta, Simon leaked sensitive information from her smartphone. He posted some personal, confidential, and proprietary information about Gino's clients from Carlotta's smartphone onto his website. Normally, a "confidentiality agreement" is signed when an employee starts working for an organization.

1. Given that she signed the confidentiality agreement. Would she still be liable?
2. Given that she did not sign the confidentiality agreement, would she still be liable?
3. What are the things a judge would look at to determine any entitlement for this specific issue?

Note: Canadian Laws must be applied