Examinations Under Oath - Does Privilege Attach to the Transcript?

In Fitzpatrick v. Wang [2014 ONSC 4251], the underinsured carrier moved to obtain a copy of a transcript from an Examination Under Oath of a tort Defendant.

On November 20, 2009, Chang Wang was involved in a motor vehicle accident while driving his father, Ming Wang's vehicle. At the time of the collision, Chang Wang's licence was suspended for unpaid fines. 

The Plaintiff, Mr. Fitzpatrick issued a claim for damages against Chang and Ming Wang. The insurer of the Wang vehicle, Peel Mutual Insurance Company, defended Ming Wang but refused to defend Chang Wang on the basis that he had no consent. Initially, it was alleged that the vehicle had been stolen. Later, it was simply alleged that the vehicle was taken without consent.