Former Brampton fire captain James Schwalm faces civil litigation amid murder charges

Former Brampton fire captain James Schwalm, accused of murdering his wife, Ashley, and dumping her body earlier this year, faces a court battle filed by her family concerning the couple's children.

Schwalm has been behind bars for roughly five months since his wife's body was discovered in her burned SUV down an embankment on Arrowhead Road, south of Highway 26 in The Blue Mountains in January.

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While his criminal case makes its way through the courts, the 39-year-old is now the respondent in civil litigation filed by Ashley's family, the Milnes, to ensure the couple's children are cared for with the appointment of an estate trustee.

"When the unfortunate event happened and the father, James, was incarcerated waiting trial, we had to work very fast to get the children in a stable situation," said the Milnes' family civil lawyer Arnold Zweig.

The couple's children are living with Ashley's family after they obtained a court order to look after them while lawyers sort out the kids' financial interests in civil court, including insurance proceeds and money raised by the Brampton Professional Fire Fighters Association Local 1068 of about $160,000.

The Milnes family, Zweig noted, cannot comment until the criminal case is resolved.

"They would love to participate, but they really can't," he said. "We don't want a situation where they begin, and then one comment happens, and the comment somehow has some effect on the criminal case."

The lawyer noted the criminal court process would have to play out to determine what happens next.

"Once we know what happens with the criminal case and the result of the criminal proceedings, then everything else will be wrapped up," he added. "We don't know if something is going to happen within three months, six months, two years, we don't know."

Schwalm is charged with first-degree murder and indignity to a body.

The allegations against the accused have not been tested in criminal court. He is scheduled to make his next appearance in late July.