Ab Initio, is a Latin term meaning from the beginning or from the inception. Its legal application is such that it predates the decision of the Court and instead tracks back to the point in time when the act in question was first consummated. It thus serves to preclude any adverse effect from being realized since the inception, as the law in those particular instances does not wish to recognize illegality or transgressions in the aftermath where they should not have been permitted in the first instance.
One of the more common legal occurrences of the term ab initio is found in relation to the legal term void, such that when something is declared void, absent special circumstances, it is determined to be void ab initio, meaning that it is "to be treated as invalid from the outset," as to treat it otherwise would improperly confer benefits on the party that took advantage of what was void and for which they were not legally entitled to receive those benefits.
Something that is determined to be void ab initio, be it a document or an action, typically cannot be fixed or otherwise corrected, irrespective the desires or interests of the parties thereto, such that the document or action is so declared at law to be void ab initio, and the parties are returned to their respective positions at the moment effectively prior to enactment or consummation of the document or the action at issue.
The concept of ab initio in reference to void can be contrasted against something that is voidable, which has application in futuro, given that it requires a further future action that negates the application of the particular document or action, yet without that future further action or such action to validate the particular document or action, the legality of that particular document or action is preserved. A voidable document or action is thus only negated as of the date of a certain event or of the judicial declaration to that effect occurs, such that the prior interim period is not necessarily stripped of its legitimacy and instead it is only from the point that the voidable trigger has been enacted and is legally operable.
The legal concept of ab initio is particularly important to prevent the deleterious effects that would come out of allowing an illegal contract, including one that is in contravention of statute, from improperly conferring any improper benefit to a party that should never have received such a benefit. This can be seen in section 4 of the Alberta Employment Standards Code, which voids any contravention of the Code as against public policy, as it would otherwise confer an improper benefit upon the party that contravened the Code, given the power imbalance in the employer-employee relationship, which the Alberta Legislature deemed impermissible. No benefit whatsoever should be attained from a party’s contravention of the Code, such that it would appropriately be struck down as void ab initio, for only by negating it from the beginning can the transgressing party be denied any benefit therefrom.
Understanding legal terminology is important in all facets of life, in particular for law students and aspiring law students who looking to enter law school and thereafter attending classes at law school and succeeding at one's tests and examinations. This continues with the bar admission exams, which require significant study and preparation, with legal terminology be a central factor in most questions in the bar admission exams. This continues as an attorney, whether in drafting court pleadings or making arguments in court before the judge. Similarly, it applies to lawyers writing contracts and other legal documents, given the significance of specific legal terms and what they mean to the presentation of one's legal position. The same applies to non-law students and non-lawyers, where they can benefit from an understanding of otherwise complex legal terminology that can have an impact on their own life, their business endeavors or their intellectual curiosity. For that very reason, understanding these oftentimes complex legal terms can be particularly consequential.
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