The owner of Wok N' Roll restaurant on St-Denis Street in Montreal ended up in a hole, two metres below street level, surrounded by live electrical wires on Jan. 20.
Kun Mou says he fell in. Police say he jumped in.
Mou has now been served an arrest warrant on a charge of mischief.
Mou maintains he slipped into the hole and still suffers from back and neck pain.
However, he can't afford to take time off to recover. Mou's wife, Jin Xu, says because of the construction outside their front entrance just above Rachel Street, business is way down. They're working 18-hour shifts, and they can't afford to pay extra staff.
"It's very difficult to find parking, and people don't want to pass in front of this area," Xu said.
"It's dangerous. You know, with the big machines. You go around. If you're with your family, you don't want to come here."
It took more than an hour to rescue Mou from the hole last January.
Here is the surveillance video of the incident:
Mou will be in court May 30.