The first by-election in the 38th Legislative Assembly of Ontario, was in the riding of Hamilton East, caused by the untimely death of the riding's MPP, Dominic Agostino, on 24 March 2004. This tragic event, in conjunction with a recent and unpopular tax increase by the Liberals, provided the NDP with an opportunity to regain party status. A by-election was called for 13 May 2004, in which the new Liberal candidate, Agostino's brother Ralph, was challenged by NDP candidate Andrea Horwath, a Hamilton city councillor. In a fight for its political life, the NDP ran an all-out campaign to win the seat, aided by the city's large base of unionized steelworkers. On election night, Horwath took 63.8 per cent of the vote in the seat, bringing the NDP back to eight seats in the Legislature and allowing them to regain official party status.