A former Winnipeg chiropractor has been ordered to stop practising until October 2029 after he continued to do chiropractic work without a licence.

The Manitoba Chiropractors Association filed a court application in February, asking the court to order Peter J. Rutherford to stop pretending to be a chiropractor.

Manitoba Court of King’s Bench Justice Theodor Bock signed an order March 5, prohibiting Rutherford from practising as a chiropractor and from “falsely pretending to be a chiropractic practitioner and from using a chiropractic title or description until Oct. 23, 2029.”

Rutherford has had a “slew of professional misconduct incidents” over the years, including taking financial advantage of a patient and purporting to treat eye issues such as macular degeneration, court documents say.

Rutherford, 77, agreed in October 2024 to give up his chiropractic licence and retire after admitting to professional misconduct over improper record-keeping. 

“There is no question that the respondent [Rutherford] is aware that he is not authorized to practice chiropractic. Despite this, the respondent continues to do so,” the chiropractors’ association says in its application.

Cease and desist

Despite Rutherford’s 2024 agreement to retire, the regulator learned from an insurance company in January this year that he had treated two patients at $50 per treatment.

After that, on Jan. 29, the regulatory administrator phoned Rutherford’s clinic, Wellness on Court, under the guise of being a potential client. The administrator asked “whether a Dr. Rutherford was accepting new patients,” a court affidavit says.

The person on the phone identified himself as Dr. Rutherford and confirmed he was accepting new patients, the document says, but he “indicated that he was currently with a patient and appeared to be in a hurry.”

The chiropractors’ association issued Rutherford a cease and desist letter on Jan. 29, telling him to immediately stop his unauthorized chiropractic care.

The regulator then hired a private investigator who went to Rutherford’s office on Feb. 11 and received chiropractic services, a court affidavit says.

When the investigator went to the office, he was greeted by Rutherford, who said he had just retired, but then Rutherford proceeded to treat the person by massaging his back with a machine and doing some minor adjustments. 

‘Doesn’t like’ regulator

The investigator’s report says Rutherford told him he was still working most days from 9 a.m. to 3 p.m., serving his patients, and that he’d be around for another four to five months and would then retire.

The investigator wrote that Rutherford said “he doesn’t like his regulatory association and that they are made up of a board of people that don’t know what they are doing.”

Rutherford billed the private investigator $50 for the treatment.

In addition to the prohibition on practising chiropractic, the court order requires Rutherford to pay the chiropractors’ association $4,130.84 in costs related to the case. 

In a Jan. 30 letter to the chiropractors’ association, Rutherford wrote, “Be advised that contrary to what you believe, I am not representing myself as a chiropractor.”

He said his clinic on Court Avenue in Winnipeg, Wellness on Court, is a multidisciplinary clinic, with podiatry, acupuncture and soft tissue therapy.

“Any enquiries about ‘chiropractic’ care are referred out,” he wrote. 

‘Slew’ of misconduct incidents

CBC reached out to Rutherford for his response to the order, but he declined to comment.

Dana Forster, the chiropractors’ association executive director, says in an affidavit that Rutherford became a member of the organization around 1992 and since then has had “a slew of professional misconduct incidents, including having previously practised without a valid licence.” 

That resulted in his licence being suspended at various times.

Forster’s affidavit refers to a number of complaints against Rutherford, such as in 2012, when he admitted to professional misconduct while practising without a valid licence. The court document says an inquiry would have found he consulted with patients while under suspension and didn’t have professional liability protection. 

In 2014, Rutherford faced a complaint about allegations of billing fraud and later admitted to professional misconduct. 

A second complaint in 2014 resulted in a 28-day licence suspension in 2016, for failing to maintain liability insurance. 

A complaint in 2017 by the Manitoba Association of Optometrists said Rutherford “purported to treat and diagnose eye diseases and in particular purported to provide services for macular degeneration,” which was not among the services he was licensed to provide, the court document says. 

Following a 2019 complaint, Rutherford acknowledged professional misconduct for taking financial advantage of a patient and had his licence suspended for six months.

‘Supposedly’ loans

A prior lawsuit related to that complaint led to a court judgment ordering Rutherford to pay more than $70,000 to the woman, who gave him money as “supposedly ‘loans’ that he verbally promised to pay back,” court documents say.

“Mr. Rutherford broke the barriers of trust in his profession by his unethical behaviour under the guise that they were friends so there was nothing wrong with taking money from a 70-year-old widow,” her daughter wrote in a complaint to the chiropractors’ association.

Her daughter noted that Rutherford had previously filed for bankruptcy.

In 2021, Rutherford acknowledged professional misconduct for improper record-keeping and inconsistencies in his financial records, the affidavit says, which led to an agreement that his office be subject to inspections to ensure proper record-keeping.

“In 2024, Mr. Rutherford admitted to professional misconduct involving improper record-keeping,” the affidavit says, and he agreed “that he would give up his licence and retire.” 

He signed an agreement on Oct. 23, 2024, saying he would not apply for a chiropractic licence for five years.

‘Belligerent behaviour’

“At one point of the office inspection review Dr. Peter Rutherford became belligerent when asked specific questions about record-keeping,” a report on the investigation says.

“He raised his voice and aggressively told us to ‘get the f–k out of my office.’ He quickly calmed down and allowed us to continue the review and explained that he was guilty of being completely inadequate with his record keeping.”

Rutherford said “his outburst was due to his frustration of not meeting the required standards,” the court document says.

Practising without a licence put the public at risk, not only due to the potentially devastating impact any injury could have on a patient’s well-being, but also because it meant Rutherford was not properly insured, which could leave a patient unable to recover damages, the affidavit says.